This initiative has been driven by Airlines for Europe (A4E), an association representing major European airlines, including IAG, Lufthansa, and Air France-KLM. The airlines argue that these changes would allow for greater operational flexibility, reducing the need to cancel flights and making it easier to reposition aircraft and crew. A4E estimates that with these new thresholds, up to 70% of significant delay-related cancellations could have been avoided last year.
However, consumer organizations such as the European Consumer Organisation (BEUC) and Flightright have raised concerns about these modifications. They warn that, if implemented, up to 85% of passengers currently eligible for compensation would lose that right. Additionally, they argue that the reforms could weaken well-established consumer protections and prioritize airline financial interests over passenger rights.
The debate over this reform will resume on June 5 in Luxembourg during a meeting of the EU Transport Council. The proposal has sparked divisions among Member States. While countries such as Germany, Denmark, and France support the revision, others including Spain, Italy, and Ireland have voiced opposition, arguing that the reform could undermine passenger rights and create inequalities—especially on short- and medium-haul routes where delays of three to five hours are more common.
In addition to changes in delay thresholds, the proposal also aims to redefine the concept of “extraordinary circumstances,” which exempts airlines from paying compensation. Airlines seek to broaden this definition to include more situations, such as unexpected technical issues or adverse weather conditions, which could further reduce passengers’ chances of receiving compensation.
Regulation (EC) No. 261/2004 has been a key tool in protecting passenger rights in the EU since its implementation in 2005. Any changes to this legislation will have a significant impact on the relationship between airlines and their customers, as well as on the broader perception of consumer rights in the air transport sector.
As the Transport Council meeting approaches, consumer organizations and Member States opposed to the reform are stepping up their efforts to preserve the current rights of passengers. The outcome of this debate will be crucial in determining the future of flight delay compensation within the European Union.
