Background

The liberalisation of air transport within the EU has brought benefits for passengers, thanks to lower ticket prices and a greater choice of routes. However, rising passenger numbers, increasingly congested airports and fragmented airspace have also resulted in more delays, cancellations, congestion, and other travel disruption. In response, the EU introduced air passenger rights regulations to complement existing international conventions. Despite these measures, low passenger awareness of their rights, and inconsistent enforcement and airline compliance, due to financial and legal difficulties, remain problematic.

European Commission proposal

In March 2013, in response to shortcomings and relevant Court rulings, the Commission presented a proposal to amend the existing air passenger rights framework. The proposal aimed to clarify key concepts, such as 'extraordinary circumstances', and to provide greater certainty regarding passengers' rights, including entitlement to information, compensation, and rerouting. It also proposed increasing delay thresholds for compensation and limiting airlines' obligations to provide compensation during these delays.

European Parliament and Council positions

Parliament adopted its first-reading position in February 2014, proposing stronger protections for air passengers and rejecting measures weakening their rights. However, the proposal remained blocked in the Council for more than a decade, mainly because Member States could not agree on compensation thresholds, the definition of extraordinary circumstances, enforcement rules, and the balance between protecting passengers and limiting costs for airlines. The Council finally adopted its first-reading position in October 2025. Parliament, in its second-reading position of January 2026, reaffirmed its support for compensation after a three-hour delay; compensation amounts ranging from €300 to €600 depending on the flight distance; a closed list of extraordinary circumstances exempting airlines from paying compensation; the right to carry one free personal item and one small cabin bag; a ban on unfair ancillary charges such as check-in and name correction fees; and longer time limits for passengers to submit claims.

As the Council rejected Parliament's second-reading position, the file entered a conciliation procedure in March 2026. Parliament and Council reached a political agreement in June. The agreement restores the general three-hour threshold for compensation for flight delays, reversing the Commission's proposal to increase thresholds. It also strengthens passenger rights by improving rerouting options, enhancing protection for missed connections, banning 'no-show' clauses, requiring clearer information on passengers' rights and extraordinary circumstances, improving rights during tarmac delays, and introducing stricter rules on vouchers, which may only be offered with the passenger's consent and must be reimbursed if unused. Parliament's claims on free hand luggage and on compensation fees were only partially maintained.

Third-reading report: 2013/0072(COD); Committee responsible: TRAN; Rapporteur: Andrey Novakov (EPP, Bulgaria). For further information see our briefing.