Passengers in the EU: will we soon have less compensation?

Passengers in the EU: will we soon have less compensation?

In the summer of 2022, the punctuality of flights in Europe reached a low point, a clear signal that the need for action in passenger rights is obvious. Almost every second flight was late and attracted many passengers to their requirements. These claims include compensation between 250 and 600 euros if flights should be more than three hours late. However, the situation could currently change because some EU member states are considering increasing the compensation limit to five hours. The Polish Presidency has announced that it will advance the reform of the EU Airkastrechte regulation, a step that aims at a meeting of the EU Minister of Transport on June 5 in Luxembourg, reports the Weser-Kurier .

Some discussions that take place at the EU level have failed for over eleven years due to disagreement among the 27 member states. While the EU Commission presented proposals to update the 21-year-old rules in 2013, the European Parliament recorded the three-hour period in 2014. According to this regulation, the compensation obligation applies to all flights that start in the EU, regardless of airline nationality. According to the European Consumer Association Beuc, 75% of passengers would not have the right to compensation if the deadlines were raised. These concerns are shared by consumer advocates who demand an alignment to the case law of the European Court of Justice.

Current situation of passenger rights

The passenger rights regulation (VO (EG) No. 261/2004) regulate the rights of passengers and applies to all flights that are draining from an EU airport or carried out by EU airlines, even if they come from third countries. An important point is that the compensation can only be denied in "extraordinary circumstances", which is often mentioned by airlines as a reason to avoid compensation. However, these circumstances are clearly defined, and airlines have to prove that they were inevitable, such as in extreme weather conditions or political instability. Consumer advice centers offer information about the exact compensation amounts that are staggered as follows: 250 euros for flights up to 1500 km, 400 euros for flights over 1500 km within the EU and 600 euros for routes over 3500 km.

For at least five hours, passengers even have the right to complete the flight price. This is also emphasized by the passengers when there are longer stays at the airport, including the provision of food and drinks, telephone calls and hotel accommodation if necessary. The Consumer Center highlights these aspects about their rights.

future developments and challenges

The reform of passenger rights could have far-reaching effects on EU citizens. A central discussion point in the political debate is the balance between consumer protection and the interests of the industry. Jan-Christoph Oetjen, MEP of the FDP, criticizes the procedural trick through which the Polish Presidency plans to reduce the influence of the European Parliament on the reform. The fear is that faster legislation is without adequate consideration of consumer interests, which could lead to adverse effects on passengers. Last but not least, this is also addressed by Jens Gieseke, a CDU European European, who indicates the problem of haste in the reform.

The continued call for a revision of passenger rights makes it clear that the discussion about the protection of consumer rights will remain a current and more important topic in the EU in the event of flight delays and cancellations. While some political actors are working towards a pragmatic solution, the interests of consumers are the focus of the debate. However, clear information about the applicable rights can help to ensure that passengers are better informed and can successfully assert their claims. The platform of Europa.eu is also available for precise information about passenger rights in Europe.