European air travelers may soon find it harder to claim compensation for flight delays as the EU considers revising its 2004 regulations. Consumer associations warn that the proposed changes could leave 85% of passengers without compensation.
Currently, passengers can claim between €250 and €600 for delays of three hours or more. However, the European Consumers’ Organisation (BEUC) says that ongoing negotiations could significantly weaken these rights. “The Commission has proposed changing the time limit for receiving compensation. It would no longer be three hours, but five, nine or twelve (hours), depending on the distance,” Steven Berger, a legal expert at BEUC, told Euronews.
“In concrete terms, what impact is this going to have? If what is currently being discussed is approved, 85% of consumers would no longer be entitled to compensation.”
The regulation applies to all flights departing from EU airports and to EU-operated flights arriving in the bloc. However, it excludes non-EU airlines flying into Europe and flights outside the EU with a layover in Europe.
Passengers are already ineligible for compensation in cases of extraordinary circumstances such as extreme weather, air traffic control restrictions, strikes unrelated to airline staff, or political instability.
BEUC also criticizes the proposed reduction in the timeframe for filing claims. “At the moment, what is on the table… you would only have three months to ask for compensation or for your rights to be respected if you have had a problem with the airline, which is far too short,” Berger insists.
The discussions, based on a European Commission proposal from 2013, remain contentious. Consumer groups argue that the decade-old proposal is outdated, while airlines believe it provides a solid foundation for discussion.
Airlines4Europe (A4E), representing carriers responsible for 70% of European air traffic, argues that the changes would allow airlines to manage disruptions more effectively. In a statement, the group explained that “the European Commission’s 2013 compromise proposal would give airlines the flexibility they need to manage disruptions more effectively, helping to preserve flights and better meet passengers’ top priority: getting to their destination as quickly as possible.” A4E also claims that the current legislation creates ambiguity, leading to uncertainty for passengers, airlines, and courts.
Beyond compensation rules, consumer advocates highlight the need to regulate travel intermediaries—third-party platforms that compare, book, and sell tickets but are not covered under the 2004 law.
Poland, which holds the rotating EU presidency, has taken charge of negotiations and aims to advance discussions by June. For now, talks remain at the technical level and have not yet moved into the political arena.
