Changes in EU Legislation on Flight Compensation: What We Know So Far. June 2025

These changes are not yet legally binding. While EU ministers have agreed on the proposals, they still require formal approval by the European Parliament and the Council of the EU before becoming law.

For now, EU Regulation No. 261/2004 remains in effect, meaning:

• Passengers can claim €250–€600 for delays of 3+ hours, unless caused by extraordinary circumstances.

• Assistance (food, drinks, accommodation) is provided for delays of 2–4 hours, depending on flight distance.

• Compensation applies for flight cancellations if notified less than 14 days before departure.

As of June 9, 2025, the primary legislation governing air passenger rights in the European Union remains EU Regulation No. 261/2004. This regulation establishes compensation and assistance rules for passengers in cases of denied boarding, flight cancellations, or long delays.

However, significant revisions to Regulation 261/2004 are currently under discussion. While some changes have been agreed upon at the EU transport ministers' level, they have not yet become law. These amendments are still undergoing the legislative process, requiring approval from the European Parliament and the Council of the EU.

Key Proposed Changes

• Increase in Delay Thresholds for Compensation

  • Currently, passengers are entitled to compensation for delays of 3 hours or more.

  • Proposed changes may increase this threshold to 4 hours for short and medium-haul flights (up to 3,500 km).

  • Long-haul flights may see even higher thresholds—potentially 5, 9, or even 12 hours, depending on distance.

• Clarification of "Extraordinary Circumstances"

  • The definition of extraordinary circumstances—which exempt airlines from paying compensation—will be clarified to prevent misuse.

  • Airlines will need to prove they took all possible measures to minimize delays or cancellations.

• Enhanced Passenger Rights for Rebooking

  • Passengers will have stronger rights to rerouting "at the earliest opportunity", including flights with other airlines or alternative transport.

  • If airlines fail to provide rebooking within 3 hours, passengers may arrange their own travel and claim reimbursement of up to 400% of the original ticket price.

• Right to Assistance

  • Passengers will retain rights to food, drinks, and accommodation during long delays.

  • Airlines must allow passengers to disembark if stuck on the tarmac for more than 3 hours.

• Improved Transparency & Claim Processing

  • Airlines will be required to respond to passenger claims within two months.

  • Clearer guidelines will ensure passengers are properly informed of their rights.

• Protection Against Airline Bankruptcy

  • Discussions are ongoing about creating a guarantee fund or insurance to protect passengers in case of airline insolvency