EU proposal to increase the number of hours of air delays with compensation rights

An EU proposal stipulates that in future compensation for flight delays will only be paid after delays of five, nine or 12 hours, depending on the distance, instead of the current three hours. The measures being mooted in the EU have their basis in a 2013 proposal to revise the regulations, and which was only discussed at the end of last year.

In 2024, more than 287 million passengers across Europe were affected by flight cancellations and delays, and this trend is expected to increase in the coming years.

In the EU, it has been EC Regulation 261 that has regulated passenger rights in the event of cancellations, delays and denied boarding for more than 20 years.

Now, just as countries around the world attempt to emulate EC 261, European consumers face the prospect of having their rights downgraded by a revision of the regulation, pushed by various industry lobby groups.

One of the star measures to guarantee the punctuality of the flights regulated by the European regulation is that after three hours of delay -provided that it is caused by the airline-, the passenger has the right to be economically compensated.

Tomasz Pawliszyn, CEO of travel technology company AirHelp, says that “this three-hour threshold strikes a fair balance between consumers and airlines: it is a way to ensure passenger safety and have leniency with the difficulties airlines may face in operating their flights”.

Currently, the changes being considered by the EU for the new regulation will only financially relieve airlines, allowing compensation only for delays of 5, 9 or 12 hours, depending on the distance of the flight.

According to Pawliszyn, “the benefits of EC 261 have served to enable Europe to lead in the tourism sector. However, the proposed changes would mean that Europe would have to cede this leadership to other countries such as the United Kingdom, Canada, Saudi Arabia, Turkey, Brazil and the United States, which are using European regulations as a basis for adapting their passenger rights regulations.Moreover, according to AirHelp, creating discrepancies between the EU and other jurisdictions will lead to more confusion for passengers, rather than providing them with clear information. 

REVIEW OF THE REGULATION

The measures being mooted in the EU have their basis in a 2013 proposal to revise the regulation, and which were only begun to be discussed at the end of last year. In fact, the ministries of transport and justice in European countries such as Germany are already taking up the issue at the federal level to subsequently move it to the “Council working group on air transport”at the European level.

Increasing from three to five the number of hours of delay a passenger has to suffer in order to receive financial compensation, “would only serve to maximize airline profits, regardless of consumer welfare,” comments AirHelp's CEO.

According to estimates by the International Air Transport Association (IATA), industry revenues in 2024 totaled ?940 billion, up 6.2% from the previous year. On the other hand, an analysis by AirHelp determines that the compensation cost ranges from 0.58€ to 1.17€ per passenger.

Based on this data, Tomasz Pawliszyn notes that “despite the airlinesíneas claiming that the regulation represents an economic burden for them, none has presented concrete data to back up these claims”.

The three-hour rule forces airlines to optimize their layover times, maintenance schedules and crew availability. This leads to better use of airport infrastructure and reduces the need to schedule additional flights as compensation.

In addition to maintaining the efficiency of the aviation industry in the EU, this also means that there is no extra CO2 emissions from these flights, ensuring sustainable stability in the sector.


According to AirHelp's calculations, changing the proposed regulation would mean that more than 80% of flights affected by delays would no longer meet the conditions for their passengers to qualify for compensation. This would leave passengers completely stranded and would remove the incentive for airlines to minimize their delays.

 
 

They are now entitled to compensation for their passengers.