The EU rules on air passenger rights date back to 2004, but they are now back on the negotiating table. The Council’s proposal to extend the delay threshold has sparked strong criticism from the European Parliament. Can the two sides reach a deal – and if they do, who will actually benefit?
The European Union is the only area in the world where passengers are protected by a full set of rights – whether they travel by air, rail, ship, or bus and coach.
For air travel, the current EU regulation sets out passengers’ rights when flights are cancelled, significantly delayed, or boarding is denied. In the case of delays, compensation applies once the delay reaches three hours, provided it is not caused by “extraordinary circumstances” beyond the airline’s control – such as severe weather or air traffic restrictions.
Yet the current regulation dates back to 2004, and much has changed since then – from inflation and the Covid-19 pandemic to a massive rise in air travel. In response, the European Commission proposed a revision in 2013, but disagreements among member states stalled the process until 2025.
In June 2025, EU ministers finally reached a political agreement, and negotiations with the European Parliament resumed in October. However, deep divisions remain over key issues. While the Council’s proposal is seen as less passenger-friendly, the Parliament is pushing for stronger protections.
To that end, MEPs have set a series of red lines, including a pre-filled claim form sent no later than 48 hours after the scheduled departure and the right to carry a hand luggage item without extra charge. But the most controversial issue is the Council’s proposal to raise the compensation threshold from three to four hours for intra-EU flights, and to six hours for long-haul journeys.
On 21 January, the Parliament adopted its second-reading position in plenary, with 97 percent of MEPs voting in favour of its red lines. The ball is now in the Council’s court, which has up to four months to update its mandate in response.
Over the coming months, it will become clear which side prevails – passengers or airlines.
