Delay payouts could be scrapped for millions of air passengers including those from France
The European Parliament has discussed a proposal to increase flight delay compensation threshold to at least five hours
One in two French people are unaware of their rights when it comes to problems with flights
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A proposal to increase the minimum compensation threshold on flight delays from three to at least five hours was recently suggested at the European Parliament - potentially impacting millions of passengers.
The change would also amend rules regarding the level of possible compensation, depending on the flight distance and final destination.
The proposal is receiving support from Poland (currently holder of the six-month presidency of the Council of the EU).
Ten French consumer associations published a joint statement today (April 30), expressing their “alarm” in response to “the major setbacks envisaged by the draft.”
“Studies show that most flight delays occur between two and four hours - the adoption of such a text would de facto exclude three quarters of delayed passengers from any compensation,” reads the statement published on UFC-Que Choisir’s website.
“We urge France, the Member States and the Members of the European Parliament to preserve the achievements of European law and the current regulatory framework,” they said.
This news comes after a different set of EU guidelines (published in July 2024) outlining greater rights for airline passengers affected by long delays were expected to be adopted by summer 2025.
Current regulations
European passengers flying with a European airline or traveling on a flight that has taken off from the EU, are currently entitled to compensation when reaching “their final destination three hours or more after the scheduled arrival time… unless the delay is caused by extraordinary circumstances.” This is according to EU regulation 261/2004, adopted in February, 2005.
Extraordinary circumstances refer to flight problems beyond the airline’s control, including strikes by air traffic control or airport staff, border closures, bad weather, or natural disasters. Note that the new draft regulations propose a broadening of these circumstances.
Further precision states that “passengers whose flights are delayed and those whose flights are cancelled ‘at the very last moment’” currently have the same rights to compensation.
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Customers can receive compensation amounting to €250 for flights of less than 1,500 kilometres, €400 for flights of between 1,500 and 3,500 kilometres, and €600 for flights of more than 3,500 kilometres.
The regulation introduces a three-tier system:
In the event of long delays (two hours or more, depending on the distance of the flight), passengers must in every case be offered free meals and refreshments plus two free telephone calls, telex or fax messages, or e-mails
If the time of departure is deferred until the next day, passengers must also be offered hotel accommodation and transport between the airport and the place of accommodation
When the delay is five hours or longer, passengers may opt for reimbursement of the full cost of the ticket together with, when relevant, a return flight to the first point of departure
These rules are currently costing airlines €8 billion a year according to Ourania Georgoutsakou, Managing Director of A4E, who shared the figure at a press conference in Brussels last month.
Applying for compensation
A study conducted by FlightRight showed that 35% of people in France have already experienced flight delays or cancellations, however nearly one in two French people are unaware of their rights when it comes to problems with flights.
Those who do apply for compensation often have to pay a specialist organisation to complete the legal procedures on their behalf.
For more details on applying for compensation, visit the dedicated government webpage.
The new draft proposal would require consumers to take a more proactive approach to seeking compensation, and could introduce a tighter deadline to make a claim.
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The Parliament, the Commission and the European Council have yet to reach an agreement on the proposed regulations, and some MEPs have already voiced their disapproval.
“Such a step backwards would undeniably send out a very bad signal to consumers, at a time when their confidence is essential to the sector,” said French consumer associations.
