Flight Delays Have Doubled and Passengers May Pay the Price

Flight delays across Europe have more than doubled over the past ten years, even though the total number of flights has increased by just 6.7% between 2014 and 2024. The figures come from the International Air Transport Association (IATA) and reflect delays caused solely by air traffic control (ATC) constraints.

However, this data captures only part of the problem. Delays linked to airline-related issues—such as technical failures, crew shortages, operational disruptions, or knock-on delays—are not included in IATA’s analysis. “When these factors are taken into account, the real scale of flight disruption is even greater”, says Darina Kovacheva, head of legal at SkyRefund.

And this is where the paradox becomes clear: while delays are becoming more frequent, airlines are pushing for fewer passenger rights. Among the proposals currently under discussion is the removal of compensation for three-hour delays—effectively excluding passengers from claiming between €250 and €600 for some of the most common disruption scenarios.

A pivotal moment for EU passenger rights

The European Union is currently reviewing its air passenger rights framework. The European Council's draft proposal would drastically reduce who is eligible for EU Regulation flight delay compensation. Passengers from the UK travelling to and within the EU will also be impacted.

Under the proposal, passengers would be entitled to compensation only if a delay exceeds:

• four hours on short-haul flights, or
  
  
• six hours on long-haul flights
  
  

This would replace the current three-hour threshold for both short- and long-haul flights. In addition, the maximum compensation for flights over 3,500 km would be reduced from €600 to €500.

If adopted, these changes would remove compensation rights in the delay window most commonly used by passengers today, according to Skyrefund’s data. 

For now, there is some positive news. The European Parliament has taken a clear position in favour of keeping the current three-hour compensation threshold and has identified it as a key point in the negotiations with the European Commission and the Council. A final decision is expected later this year.

Strong criticism from passenger advocates

The proposed reforms have sparked strong criticism from passenger rights organisations, including SkyRefund, the Association of Passenger Rights Advocates (APRA), and the European Consumer Organisation (BEUC).

“Many of the proposed changes do not make sense,” says Tsvetelina Botseva, legal counsel at SkyRefund. “Measures that make compensation harder to obtain, remove payments for three-hour delays, or otherwise weaken passenger rights risk harming the very people these rules are meant to protect.”

Furthermore, a new report indicates that EU air passenger protection laws reduce long delays without encouraging cancellations. This is proven by the fact that flights covered by these protections are up to 70% less likely to experience long delays (over three hours) compared to flights in the US, where no equivalent passenger protection exists.

When passengers are entitled to compensation

Airlines are right to point to the long-promised Single European Sky initiative, which aims to reduce ATC-related delays through more efficient routing and airspace management. But ATC is only part of the picture.

A substantial share of delays is caused by airlines themselves—technical faults, crew shortages, strikes, or knock-on delays from earlier disruptions. In such cases, EU261 currently entitles passengers to compensation ranging from €250 to €600, depending on flight distance. Notably, these compensation amounts have not been updated since the regulation entered into force in 2004.

Free carry-on baggage: a question of fairness

As part of the proposed amendments to EU261, Members of the European Parliament are also addressing the issue of cabin baggage. One proposal would guarantee all passengers—including those flying with low-cost carriers—the right to carry a free 7 kg hand luggage item on board.

Lawmakers argue that charging extra for basic luggage, sometimes costing more than the ticket itself, is unfair to consumers. “Travelling with luggage is normal. In that sense, it should be part of a passenger’s basic right,” says SkyRefund’s CEO Ivaylo Danailov. He adds that clearer baggage rules would also help create fairer competition between airlines.

As delays continue to rise, the outcome of the EU261 reform will play a decisive role in determining whether passenger rights keep pace with today’s realities—or fall behind them.