These statements reflect the position of the airlines, which argue that compensation represents a significant financial burden. However, APRA points out that the cost of compensation under EC Regulation 261 ranges from €0.58 to €1.17 per passenger, a minimal figure compared to the record profits airlines have made in recent years.
The airlines' proposal has raised concerns among consumer organisations and passenger rights advocates. They argue that extending the penalty-free delay threshold would severely affect the experience of travellers, who would have to endure long waits without compensation. In addition, they point out that during the pandemic, many of these airlines were bailed out with public funds, so removing acquired rights would represent an unacceptable step backwards for European passengers.
This debate is part of a wider context of tensions between airlines and regulators in Europe.
The discussion on compensation for delays has also reached other continents. In Australia, for example, a proposed law similar to the European one that would oblige airlines to compensate passengers for delays is being debated.
Qantas, Australia's leading airline, has been accused of using selective data to oppose such legislation, arguing that it would increase costs to consumers without reducing delays. However, studies indicate that, since the implementation of compensation laws in the European Union, there has been a commensurate reduction in airline-caused delays, suggesting that such regulations may incentivise airlines to improve their punctuality.
At the judicial level, cases such as Dawson v. Thomson Airways in the UK have set important precedents in the defence of passengers' rights. In this case, it was established that passengers can claim compensation for delays up to six years in the past, strengthening the position of consumers vis-à-vis airlines.
The European airlines‘ proposal to amend EC Regulation 261 has ignited a debate on the balance between airlines’ profitability and the protection of passengers' rights. While airlines argue that the current compensations represent a significant financial burden, consumer organisations insist that reducing these compensations would seriously harm travellers, especially in a context where airlines have received public financial support.
The discussion continues, and it will be essential to find a balance that ensures both the sustainability of airlines and the protection of passenger rights in Europe.
