France tightens reimbursement rules for flight delays or cancellations

New stricter rules impacting compensation for airline passengers in Europe are set to come into force tomorrow (February 7). 

The decree 2025-772 of August 5, 2025, was unveiled under the Bayrou government and “sets out civil procedure rules to improve how claims for compensation related to flight delays and cancellations are handled, with a focus on out-of-court settlements,” reads the official text, available on the legifrance website. 

Current wait times for flight-related disputes can reach up to three years in courts located near major French airports, reports Le Figaro. The new measures aim to relieve congestion, though for travellers the procedure becomes more complex.

Previously, a passenger whose flight arrival time was delayed by at least three hours could take the case to court for free by filing a claim for disputes involving less than €5,000.

Now, passengers will have to go through mandatory prior mediation with the Médiateur du Tourisme et du Voyage (Tourism and Travel Mediator), which can take up to six months. 

Cases will only then be brought before the court by means of a summons. The process is subject to a fee and requires the intervention of a judicial officer, and often a lawyer.

If attempts are not made to reach an amicable settlement, passengers also now face a higher risk of their cases being rejected or dismissed “unless justified by a legitimate reason.”

Some airlines, including Vueling and Tunisair, are not members of the Médiateur du Tourisme et du Voyage, leading to further potential complications for affected passengers.

Rules regarding grouped claims for passengers travelling on the same flight have also been tightened. Now, only passengers who are members of the same family can submit a claim together. This includes spouses, partners bound by a civil partnership, or couples who live together.

Note that the new decree “applies to proceedings filed after its entry into force. However, inadmissibility due to failure to attempt mediation does not apply where the claimant has lodged a complaint with the air carrier prior to the publication of the decree or where the event giving rise to the compensation occurred at least four years prior to the entry into force of the decree.”

Further complications at EU level 

Rules surrounding the rights of airline passengers in Europe are also set to change as EC Regulation 261/2004 discussions continue.

MEPs voted to strengthen air passenger rights last month, however the European Council has called for tougher compensation conditions:

• For journeys under 3,500km to a non-EU country and flights between EU countries: a maximum of €300 for delays of more than four hours. Previously, this was €250 compensation for a delay of three hours or more for a flight of less than 1,500 km, or €400 for a flight of between 1,500km and 3,500 km.

• Journeys over 3,500km including to overseas EU territories: a maximum of €500 compensation for delays of more than six hours. Previously this was €600.

• Passengers whose flight is cancelled with less than 14 days’ notice are entitled to compensation, and the airline must provide a pre-filled claim form for the passenger to submit.