According to a report by the European Commission, passengers should receive more than €8 billion in compensation in 2025 alone if the current legislation were fully enforced. The rules, in force since 2004, are frequently not respected, to the detriment of consumers, and have been under review since 2013.
After more than a decade of stalemate, the issue returned to the agenda in September last year, with renewed negotiations involving the European Commission, the Council and the European Parliament. However, talks have once again reached an impasse, prompting MEPs to vote on Tuesday to reaffirm a principle position rejecting the Council’s proposal to weaken passenger rights.
Among the changes advocated by the Council is an increase in the minimum delay required to qualify for compensation, from the current three hours to four or six hours, depending on flight distance. The Council is also proposing lower compensation amounts, reducing them from the current €300 to €600 to a range of €300 to €500.
For Sérgio Gonçalves, a Socialist MEP and member of the Parliament’s Committee on Transport and Tourism, these proposals amount to “longer delays and lower compensation”, at a time when airlines already frequently invoke exceptional circumstances to avoid paying passengers.
Liberal Initiative MEP Ana Vasconcelos acknowledges that part of the problem lies in identifying responsibility for delays, noting that airlines are not always at fault and that airports can also be responsible. Even so, she says it is difficult to understand the Council’s reluctance to introduce mechanisms that would also hold airports accountable.
The European Parliament is advocating a more consumer-protective approach, proposing a clear and exhaustive list of circumstances under which airlines would be exempt from paying compensation. MEPs also want to simplify the compensation claim process by introducing pre-filled forms with flight and passenger details.
Other proposals include the right to carry on board, free of charge, one personal item and a small cabin bag weighing up to seven kilograms, as well as the abolition of various additional fees — such as charges for correcting spelling errors in passengers’ names, for check-in, or for seat allocation for children under 14 sitting with their parents or for passengers with reduced mobility.
Portugal aligns with the European Parliament’s position, while countries such as Germany, France and Spain support the Council’s stance. These countries are home to major airlines including Lufthansa, Air France-KLM and the Iberia/IAG group.
Two possible outcomes may result from the parliamentary vote: either the launch of a conciliation process between EU institutions, leading to amendments and the adoption of new legislation, or the collapse of the legislative process, sending the dossier back to square one.
