Delayed flight? It could soon be harder for you to claim compensation from airlines

11.03.2025 - 17:08 / euronews.com / Joanna Bailey

Air passengers in Europe enjoy some of the best consumer protections in the world. But the European Union is contemplating watering down these passenger-friendly measures, which could leave travellers out of pocket.

The current regulation, known as EU261, has been in place since 2005, providing passengers with compensation and support in the event their trip doesn’t go to plan. A revision to these rules has been debated since 2013, but has resurfaced this week as Brussels once again comes under pressure from airlines and lobbying groups.

It would mean the amount of time your flight needs to be delayed before compensation is paid could change.   

Currently, passengers must arrive at their destination at least three hours late in order for EU261 to apply. A new proposal led by Poland, which currently holds the presidency of the Council of the European Union, could see this threshold raised to at least five hours.

“These changes would be hugely detrimental for consumers,” says Coby Benson, flight delay compensation solicitor at Bott & Co, noting that the current three-hour threshold incentivises airlines to run a punctual operation. “If the threshold was raised to five hours, airlines would face no penalty for those lengthy delays and therefore passenger inconvenience will increase.”

Regulation (EC) No 261/2004, commonly referred to as EU261, is a European Union regulation that establishes the rights of air passengers in cases of flight delays, cancellations, and denied boarding. It ensures passengers are entitled to compensation, assistance, and reimbursement when their travel plans go wrong.

EU261 applies to any flight departing from an EU airport, regardless of the airline’s nationality, and flights arriving at EU airports if they’re operated by an EU airline. It does not cover flights heading to Europe on non-EU airlines, or non-European flights that have a layover in Europe. 

The regulation covers all member states plus Iceland, Norway and Switzerland. The UK has adopted the same criteria for compensation, with the law referred to as UK261.

Currently, passengers are entitled to compensation if they are delayed for more than three hours, if the flight is cancelled within 14 days of departure, and if they were denied boarding because the flight was overbooked. 

Compensation is not payable for ‘extraordinary circumstances,’ which include extreme weather, air traffic control restrictions, strikes not involving the airline’s staff, and political instability. 

The amount of compensation you get will depend on the length of the delay and the distance of your flight. The maximum payable for any one claim is €600, which would involve a flight of more than 3,500 km and a delay of four hours plus.

“The importance of