Airlines: EU reform could significantly weaken passenger rights

Delayed flights cost stress and often valuable vacation time. However, until now, most travelers who arrive at their destination more than three hours late are at least entitled to compensation. If the airlines themselves are responsible for the delay, they must pay travelers €250 for flights up to 1,500 kilometers, €400 for flights up to 3,500 kilometers, and €600 for long-haul flights. But that could soon change.

In Brussels, EU member states are currently discussing a reform of the 2004 Air Passenger Rights Regulation, which could significantly weaken passengers' rights. The idea itself is not new; the legislative proposal dates back to 2013. Now the Polish Council Presidency wants to reach a rapid agreement on this.

The Commission's proposal stipulates that airlines would only be required to pay compensation after delays of five, nine, or twelve hours, depending on the distance. Consumer advocates warn that if the reform is implemented as proposed by the EU Commission, more than 80 percent of passengers affected by delays would no longer be compensated. Jutta Gurkmann of the German Association of Consumer Organizations (Vzbv) calls this an "unreasonable imposition" on air travelers that should not be tolerated.

Federal Justice Minister Stefanie Hubig, who is responsible for consumer protection in the federal government, also opposes the proposed change to the compensation regulations: "Consumer rights are not a luxury that can simply be abolished in economically challenging times," said the SPD politician. She will therefore advocate for air travelers to continue to be compensated for delays of three hours or more. This was previously met with strong criticism from the Green Party. Their spokesperson for tourism policy, Stefan Schmidt, is calling on the federal government to "take a pro-traveler stance in the EU Council" and to reject the current proposal to reform the Air Passenger Rights Regulation.

The reform would not only be a problem for travelers, but also for passenger rights portals such as Airhelp, Flightright, and Passengers Friend. Their business model is based on providing legal support to customers in enforcing their claims against airlines. Therefore, they are among the harshest critics of the reform. Airhelp CEO Tomasz Pawliszyn, for example, warns that raising the three-hour threshold would "undermine one of the EU's most recognized achievements in consumer policy."

In addition to weakening consumer rights, critics of the reform complain that it could rob airlines of their motivation to be punctual. Yet there is still considerable room for improvement in this area. Last November, the European air traffic control agency Eurocontrol warned of a chaos of delays in the summer of 2025. The analysis found that 2024 was already a difficult year. From June to August 2024, an average of only 65 percent of flights arrived on time. This is primarily due to staff shortages, particularly among air traffic controllers. And currently, it doesn't look as if the situation will improve any time soon.

The European lobby organization "Airlines for Europe" (A4E), on the other hand, would welcome more time for airlines to find alternative flights or a replacement crew. This would give airlines a good chance of finding a solution that restores the flight schedule and gets passengers to their destinations. This would be beneficial for passengers.

It remains unclear to what extent EU member states will follow the Commission's proposal or make further changes. Furthermore, a final compromise must be reached with the European Parliament. The outcome of these negotiations will determine the final reform. The topic is on the agenda of the Transport Council on June 5.

With material from dpa