EU lawmakers uphold three-hour delay compensation for air passengers

Airline passengers within the EU will continue receiving financial compensation in case of a three-hour delay or a cancelled flight, as EU lawmakers greenlit on Monday a law meant to review passengers’ rights across the bloc.

The vote also sought to end paid cabin luggage, consisting of a free personal item (40×30×15 cm) and a small trolley, with a maximum of 100 cm and 7kg, as European lawmakers voted 34 in favour and zero against on the revision of the EU law to protect passengers’ rights in the European Parliament’s legal affairs committee.

Currently, European air travellers are entitled to compensation of between €250 and €600 if a flight is cancelled or delayed by more than three hours. With the new rules, airlines would have to pay between €300 and €600 depending on the distance, while the three-hour delay was kept as non-negotiable for the Parliament.

Bulgarian MEP Andrey Novakov (EPP), who is leading the legislative file in the Parliament, maintained the chamber’s determination in maintaining the three-hour threshold for compensation, noting that such a position has been backed by the European Court of Justice.

“Behind every delay or cancellation, there are real people, missed birthdays, funerals, weddings and job interviews. We will not allow citizens to be left behind,” said Novakov, adding that a fair balance between passenger protection and a competitive aviation is essential but “never at the expense of citizens’ rights”.

“The Council wants to erode passenger rights, but we will not accept that. Compensation from three hours onwards is essential for passengers," German MEP Jan Christoph Oetjen (Renew Europe) told Euronews.

The law will apply to any flight departing from an EU airport, regardless of the airline's home country, and to flights arriving at EU airports if operated by an EU airline. It will not apply to flights to Europe operated by non-EU airlines, or to non-EU flights with a stopover in Europe.

The law has been unblocked by the European Council after 11 years in limbo, marked by a dispute between Spain and the UK over the inclusion of Gibraltar’s airport in the legislative file and several other disagreements among member states.

“The Parliament remains strongly united on this matter and will continue to work towards strengthening air passenger rights. Consumer rights, whenever they are amended, should evolve in the direction of stronger protection for consumers, not the other way around,” Polish MEP Kosma Zlotowski (ECR) told Euronews.

Lawmaker Vicent Marzà Ibañez (Spain/Greens) said Monday’s vote sent a clear message showing passengers’ rights are not up for negotiation.

“We have secured a strong mandate to start negotiations and to ensure that basic rights — such as not paying for hand luggage, receiving refunds on time, and allowing children to sit next to their parents at no extra cost— become a reality across the EU,” said Marzà Ibañez.

However, the Spanish lawmaker regretted the Commission and the Council’s stance in defending airlines' interests at the expense of passengers’ rights, hinting at the Commission's proposal, which suggests a five-hour delay.

On the Council side, Germany, Spain, Slovenia and Portugal were among the member states backing the three-hour delay while the remaining defended a six-hour delay, during a summit in June.

Patrycja Gautier, head of consumer rights at the Brussels-based European Consumer Organisation (BEUC), said Monday’s vote was “encouraging”, congratulating the Parliament’s “passenger-friendly position”.

“We hope the European Parliament stands on its grounds in the upcoming negotiations with the Council,” said Gautier.

Airlines4Europe (A4E), the Brussels-based organisation representing European airlines, regretted the vote saying the three-hour threshold was "arbitrary" leaving almost no time left to bring in backup planes or crews.

"Extending that window to five hours could prevent up to 40% of delays – with better outcomes for passengers and the environment. Political calls to impose ‘free’ cabin bags are entirely out of sync with passenger preferences," a A4E spokesperson told Euronews.

Inter-institutional negotiations between the Council, the Parliament and the Commission are due to kick off on Wednesday, according to the EU Danish presidency, currently helming the bloc.