EU countries approve overhaul of air passenger rights

BRUSSELS — EU countries on Friday cleared the way for an overhaul of air passenger rights, approving a compromise deal that will affect everything from how easily passengers can file claims for canceled or delayed flights, to airline seating and baggage rules.

The agreement, reached by the Cyprus Council presidency with the European Parliament after fraught, yearslong negotiations, was backed by a large majority of member countries. Only Spain and Latvia voted against, while Austria and Finland abstained, four diplomats told POLITICO.

Parliament’s negotiators must still sign off on the compromise, obtained by POLITICO, by Monday before a final plenary vote of all MEPs in July, with the new rules expected to take effect in the second half of 2027.

"The deal enshrines key air compensation rights in the law, in cases of cancellations or delays," said Agustín Reyna, director general of the European Consumer Organisation. However, airlines were not impressed. The compromise is “bad law that infringes existing EU consumer protection rules without fixing the real issues of reducing delays and cancellations,” said Ourania Georgoutsakou, managing director of Airlines for Europe.

Here are five takeaways from the new rules.

Baggage and seating rules

When the reform enters into force, airlines will have to include in the basic airfare not only a small bag that fits under the front seat, but also a trolley bag.

That will probably make prices appear more expensive, particularly for low-cost airlines that charge travelers to bring a carry-on bag. But passengers will also be able to opt out of bringing a trolley bag and receive a discount on the ticket price.

However, the rule leaves it up to airlines to decide the size and maximum weight of the trolley bag included in the basic airfare.

The new rules will also prohibit airlines from charging fees to seat parents, or people accompanying children under 14, together with their kids, as well as passengers with disabilities and their accompanying person.

Cash for delays or cancellations

Most rules protecting passengers when a flight is delayed or canceled remain unchanged.

When a flight is canceled or delayed by at least three hours, passengers will retain the right to compensation — in addition to a refund for a canceled flight — ranging from €250 to €600, depending on the length of the flight.

The new rules also clarify that, for all flights over 3,500 kilometers, passengers would receive €300 for delays of of three to four hours, rising to €600 for delays exceeding four hours or for cancellations.

Ease of applying for compensation

Obligations for airlines to make it easier for passengers to file compensation claims — or at least be made aware of their rights in case of delay or cancellation — were among the most contentious points of the negotiations.

Consumer rights advocates wanted to make more passengers aware of their rights, while airlines were worried this would lead more of them to file claims, driving up carriers' costs. According to current rules, carriers must simply inform passengers of their rights when a disruption occurs.

In the end, EU policymakers decided to require airlines to send passengers “clear instructions on how to submit a request” for compensation.

This rule does not require airlines to include a link to the compensation form or a pre-filled form — two ideas pushed by Parliament but rejected by EU countries.

Criteria for extraordinary circumstances

The criteria was also revised for so-called extraordinary circumstances — cases in which airlines do not have to pay compensation to passengers for flights canceled or delayed because the disruption is outside carriers’ control.

EU policymakers agreed that this concept “should refer to events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond that carrier’s actual control.”

This means, for example, that if an airline cancels a flight because of an extreme weather event, it would only be required to refund the ticket to stranded passengers, who would not be entitled to any other compensation.

“Unexpected flight safety shortcomings on aircraft equipment” was excluded from the criteria. Parliament negotiators vetoed this wording because they considered it too broad, potentially covering most technical problems that, according to case law, fall under airlines’ responsibility.

Who gets paid?

Passengers claiming compensation on their own will receive the money directly, while claim agencies seeking compensation on behalf of passengers will also be able to continue to receive payments from airlines.

An earlier proposal would have made it possible only for a passenger to request compensation, threatening to put claim agencies out of business.

Parliament successfully pushed to keep compensation payable to intermediaries, which sometimes go to court to defend passengers.