European airline passengers may soon see a significant reduction in compensation for flight delays and cancellations, following a controversial decision by the EU Council that shifts the balance in favor of the aviation industry.
Major Overhaul to Passenger Rights
At a recent summit, the European Council approved revisions to current EU Air Passenger Rights regulations, which could raise the threshold for compensation and lower the amounts paid out to affected travelers. The move follows years of pressure from airline operators, particularly budget carriers, who argue that current rules are financially burdensome and operationally unrealistic.
Under the current legislation, travelers are entitled to compensation ranging from €250 to €600 if their flight is delayed by at least three hours—provided the delay is within the airline’s control.
However, under the proposed changes:
- Shorter flights (under 3,500 km) would only trigger compensation after a four-hour delay.
- Longer flights (over 3,500 km) would require a six-hour delay before compensation is due.
- Compensation payouts would be reduced to €300 for shorter delays and €500 for longer ones—down from the previous maximum of €600.
The rules would still cover EU-based airlines and flights departing from the EU or the Schengen area. The UK, post-Brexit, is not bound by this change, but its government has adopted similar provisions.
Streamlining and Safeguards
In exchange for the lowered compensation, the Council has agreed to simplify the notoriously complex claims process, which has long been criticized for favoring airline vouchers over direct monetary reimbursement.
Additionally, the new framework includes strengthened protections for passengers with disabilities, a move welcomed by consumer rights groups.
What Stays the Same?
- Extraordinary circumstances—such as severe weather, security threats, and air traffic control issues—will continue to exempt airlines from paying compensation.
- Strikes, mechanical failures, and staffing issues are still generally not considered “extraordinary” and thus remain eligible for compensation.
- Rules around cancellations, re-routing, food, and accommodation obligations remain unchanged.
However, enforcement remains a concern. Despite legal obligations, many passengers are still forced to arrange their own accommodation and transport during major delays, with airlines reimbursing costs later—if at all.
A Decision Without Debate
Perhaps most controversially, the Council bypassed the standard legislative process and enacted the rule changes using an obscure mechanism not deployed in over a decade—ignoring input from the European Parliament. Germany and Spain opposed the move.
Nonetheless, the Parliament retains the power to intervene. It now has four months to submit amendments or objections. Any proposal must be backed by at least 361 Members of European Parliament (MEPs).
Why the Change Now?
The shift is largely the result of industry lobbying. Airlines—especially low-cost carriers—argued that existing compensation rules often exceed ticket prices and limit their ability to respond flexibly to operational challenges. They also claimed that the tight three-hour deadline made it difficult to reorganize staff and aircraft in smaller or underserved airports.
What It Means for Summer Travel
For now, passengers traveling during summer 2025 will still benefit from the existing compensation rules. If Parliament does not intervene within four months, the new framework could come into effect later this year, potentially impacting fall and winter travelers.
While the aviation industry welcomes the move as a necessary modernization, consumer rights advocates warn that it could undermine passenger protections and accountability. With the clock ticking for Parliament to respond, travelers and watchdog groups are urging European lawmakers to reconsider before these changes take flight.
