Air passenger rights in danger with new EU proposal

In what appears to be a concession to the airline lobby, the European Council’s new EU261 revision proposal threatens to strip away essential rights from air travelers across Europe. Up to 60% of travelers will lose their passenger rights.

Progress or setback? What EU new rules really mean

In what is being defined by EU ministers as a “historic milestone” towards more passenger rights, the Council of the EU has adopted its position on the revision of air passenger rights and airline liability. While the initiative is being described as a major advancement for consumers, the reality raises serious concerns. Beneath the positive messaging, the proposed changes appear to roll back key protections: fewer protections, lower compensation, and weaker enforcement.

“Passenger rights are simply being stripped away. Any beneficial suggestions from the Council are overshadowed by the fact that these changes will strip rights from up to 60% of travelers who would have been entitled to compensation under the current regulation,” said Tom van Bokhoven of Flight Delayed which has been helping air passengers claim their compensation from airlines since 2010.

Higher delay threshold and lower compensation amounts

The Council's proposal significantly raises the threshold for passenger compensation in the event of flight delays, ultimately reducing travellers’ chances to get compensated. Under the new revision, air passengers would be entitled to the following: 

• €300 for delays of more than 4 hours and for flights under 3,500 km within the EU
• €500 for delays of over 6 hours for longer-distance flights over 3,500 km

This represents a significant step backward compared to the current EU regulation, which requires compensation beginning at a 3-hour delay, regardless of the flight’s distance, and guarantees compensation of:

• €250 for short-haul flights up to 1,500 km
• €400 for flights between 1,500 km and 3,500 km
• €400 for flights over 3,500 km within the EU
• €600 for flights over 3,500 km outside of the EU

Although framed as a simplification of the rules, the proposed changes actually undermine passenger rights, shifting the burden of inconvenience further onto travelers.

Why the EU’s tarmac delay new rule may fall short

A tarmac delay happens when passengers are forced to remain on the aircraft waiting for a take-off. The Council asserts that under the new rules, passengers must be allowed to leave the plane after 3 hours of waiting on the tarmac. While this may sound like a positive step, the practical challenges of enforcing it raise serious concerns. 

Key questions remain unanswered: how will airlines manage the logistics of safely disembarking passengers during a tarmac delay? What happens to the luggage of those who choose to get off the plane? Could the process of unloading passengers and their baggage, updating passenger manifests, and other operational changes cause airlines to miss their departure slots and trigger even more delays? Once passengers are forced to disembark, will this be officially classified as a flight cancellation? Who will bear the costs for extra accommodation, meals, or rebooking when these disruptions occur?

Without clear legal guarantees and effective enforcement, this so-called “right” risks becoming little more than an empty promise, one that passengers will struggle to exercise in reality.

EU261’s real impact on flight delays

Willie Walsh, a director general of IATA, an airline lobby organization, recently claimed that “there has been no reduction in delays or cancelations over EU261’s 20-year history”. Contrary to what he claims, evidence suggests otherwise. The study conducted by Śpiewanowski and Hinnerk Gnutzmann, PhD, from Leibniz University in Hanover has shown that strong passenger protections put financial pressure on airlines, encouraging them to minimize delays. According to this scientific study, the introduction of EU261 reduced the average flight delay by 30%. 

EU261 in its current form means more reliable and less stressful journeys for Europeans.

EU261 revision: less rights, more delays

The Council’s proposed revision doesn’t just reduce passenger rights, it also paves the way for more frequent and prolonged flight disruptions. By weakening the financial penalties airlines face for delays, the revision removes a major incentive for airlines to maintain punctuality. 

Raising the thresholds for compensation means airlines can operate behind schedule with fewer consequences, effectively shifting the burden of these disruptions onto passengers. Far from improving air travel, these changes risk making journeys more unpredictable and frustrating for the very people they claim to protect.

Sign a petition and #SaveYourPassengerRights

The airline lobby has been trying to weaken passenger rights for years. Recently, Flight Delayed, along with other members of the Air Passenger Rights Advocates, a non-profit organization fighting for passengers' rights, launched a petition to prevent the EU regulation from being weakened. Make your voice heard and #SaveYourPassengerRights by signing the petition!

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About Flight Delayed

Since 2010, Flight Delayed has been helping passengers fight for their rights in the event of delayed, canceled, and overbooked flights. We have legal teams in 9 countries, have won 98 % of court cases, and work exclusively on a "no win, no fee" basis. 

About APRA

APRA (Association of Passenger Rights Advocates) is a non-profit organisation that aims to protect the rights of air passengers. To achieve this, they collaborate closely with European institutions, airlines, airports, and other key players and policymakers.