More than 30 new rights for air passengers, valid from the moment the ticket is purchased until arrival at the destination and, in some cases, even beyond. The European Council summarises the approval of the air transport rights reform, although there is no shortage of controversy and negative implications for passengers.

Many issues were on the table for European transport ministers, who were called upon to decide on four key rights for passengers: re-routing, assistance, compensation and information.

Effective remedies for passengers or compensation

The aim in reaching these decisions was to strike a balance between the need to protect passengers and safeguard the EU’s internal market. There have been a few protests regarding the new rules requiring airlines to offer passengers an alternative flight as soon as possible in the event of problems.

This includes the possibility of being re-routed on flights operated by other airlines or by different modes of transport. If the airline does not communicate a solution within three hours of the disruption, passengers are free to make their own arrangements and claim compensation of up to 400% of the ticket price paid.

Air transport companies did not resist the rules on how they should assist passengers with food and accommodation. If an airline fails to provide a solution, passengers will be able to act independently and obtain a refund. In the event of a delay on the runway, passengers will be entitled to at least minimum assistance and must be disembarked after three hours.

Open battle for free hand luggage and recompense thresholds

The battle between passenger rights advocates and airline representatives has been fierce over hand luggage and the right to compensation. The bone of contention is free hand luggage, whether it is a bag, a backpack or a small trolley. European transport ministers have ruled that passengers have the right to take hand luggage into the cabin free of charge, provided that it fits under their seat.

The situation is different for trolleys weighing up to 10 kilograms, which must be stored in the overhead compartments and are subject to a charge. The reform hopes to put an end to the proliferation of airlines using different strategies and increasing revenues by charging for hand luggage that should be free.

The right to compensation for flight delays and cancellations has sparked heated debate, as the European Council has updated the thresholds for compensation that airlines must provide to passengers.

Airlines can no longer hide behind the slogan “extraordinary circumstances” to justify their problems, except in cases where they can prove that they have taken all necessary measures to avoid disruption and delays. Compensation will only be paid for delays of more than 4 and 6 hours.

In the first case, for journeys of less than 3,500 km within EU Member States, passengers will be entitled to compensation of €300, while for longer journeys with delays of 6 hours or more, the claim will be €500.

Considering that the current rules provide for compensation of between €250 and €600 for delays of 3 hours or more (for flights of any airline departing from or arriving at a European airport, but not for flights of non-EU airlines), it is clear that European representatives wanted to please the airlines and reduce the possibilities for passengers.

‘The new eligibility thresholds will deprive most passengers of their rights to compensation, as most delays are between two and four hours,’ said Agustín Reyna, director general of the Bureau Européen des Unions de Consommateur (BEUC), an organisation representing European consumer associations.

It remains to be seen how airlines will implement the directive on hand luggage, a divisive issue among European countries. Among the most vocal supporters of passenger rights is Spain, which in November 2024 imposed a €179 million fine on five airlines for abusive practices, including additional charges for hand luggage.

Airlines must inform passengers

Consumer associations have expressed satisfaction with the update of communication rights, which are stricter towards airlines. They must clearly inform passengers of their rights at the time of booking and when handling complaints.

But that’s not all, because passengers will have up to six months to file a complaint, while airlines will have to respond within 14 days.

In addition, passengers who are informed of flight cancellations less than 14 days before departure will be entitled to compensation, with the airline required to provide pre-filled forms for the claim.

Changes have also been made to the “no-show” policy, widely used by airlines, which prohibits passengers who have not taken the outbound flight included in the same booking from taking the return flight. From now on, anyone affected by this practice will be entitled to compensation.

The Council’s decisions will have to be examined by the European Parliament, which has the option of approving, amending or rejecting the proposals. Pending further developments, the reform broadly extends passengers’ rights and obliges airlines to establish a proper relationship with their customers under penalty of severe sanctions.

However, after more than twenty years of long-haul and short-haul flights, it is perfectly legitimate to have some doubts about the attitude of airlines, considering the pressure they will put on their legal teams to find loopholes to reduce the penalties provided for in the new directive.