The Council of the European Union has reached a long-awaited political agreement on the revision of air passenger rights and airline liability, paving the way for a more transparent and passenger-focused regulatory framework across the EU. Described as a “historical milestone” by Poland’s Minister of Infrastructure, Dariusz Klimczak, the revised rules come after more than 12 years of political deadlock and will introduce more than 30 new rights for air passengers—from the moment they book their ticket to after their journey ends.
“The position finally adopted today answers an urgent call by air passengers and airlines for clearer and more straightforward rules,” Klimczak said. “It strikes a better balance between strong passenger protection and fair conditions for the aviation sector.”
The revised framework strengthens existing rights while introducing significant new entitlements in four key areas:
Right to Rerouting
Airlines must offer rerouting at the earliest opportunity, including via other carriers or transport modes. If rerouting is not arranged within three hours, passengers can book alternatives themselves and claim up to 400% of the original ticket cost.
Right to Assistance
In cases of delays or disruptions, airlines must provide refreshments, meals, accommodation, and other assistance. If they fail to do so, passengers can organise their own support and seek reimbursement. Importantly, passengers must be allowed to disembark after three hours during tarmac delays.
Right to Compensation
The Council proposes updated thresholds for flight delay compensation:
- €300 for delays over 4 hours on flights under 3,500 km or intra-EU (previously: €250 for 3+ hour delay)
- €500 for delays over 6 hours on flights over 3,500 km (previously: €400 for 3+ hour delay between 1,500–3,500 km; €600 for 3+ hour delay over 3,500 km)
Airlines can no longer deny compensation due to “extraordinary circumstances” unless they prove they took all reasonable steps to avoid the disruption.
Passengers informed of flight cancellations less than 14 days before departure are entitled to compensation, and must be provided with pre-filled compensation request forms to make the process easier.
The controversial “no-show” policy is also addressed: passengers denied boarding on a return flight because they missed the outbound leg will now be entitled to compensation—a practice previously not covered under EU 261/2004.
Right to Information: Airlines will face stricter obligations to inform passengers of their rights:
- Clear communication during booking
- Transparent complaint handling
- 14-day deadline for responding to claims and paying compensation
- Passengers will have 6 months to file a claim (previously: no clear EU-wide deadline)
The Council’s position now moves to the European Parliament for a second reading. The Parliament may approve, amend, or reject the proposal. Once adopted, the updated regulations will replace the current EU passenger rights framework, in place since 2004.
The existing rules under Regulation (EC) No 261/2004 and Regulation (EC) No 2027/97 have long protected air passengers in cases of denied boarding, delays, cancellations, and baggage issues. However, persistent legal disputes and varying interpretations have led to calls for reform.