Compensation in the event of delay: EU reform could significantly weaken passenger rights

Passengers affected by delays may be much less likely to be entitled to compensation in the future. The EU countries are currently advising on a reform of the Passenger Rights Regulation. In view of the possible innovations, consumer advocates are alarm – they fear that a large part of the passengers concerned could no longer be entitled to compensation. The federal government also comes headwind.

The origin of the reform has been returned for years: in 2013 the European Commission suggested the proposal to reform the most important passenger rights regulation from 2004 (EG 261). This includes changes regarding the compensation claims in the event of late flights. A year later, the European Parliament published its report. But for years there was no agreement. Now there is movement on the topic again: The project is currently being discussed among the EU countries.

What compensation are passengers are currently entitled to?

According to the applicable passenger law regulation, passengers are entitled to compensation from a three -hour delay if the airline is indebted:

250 euros for flights up to 1,500 km 400 euros for flights up to 3,500 km 600 euros for long -haul flights with more than 3,500 km

The Commission’s reform proposal provides, among other things, to determine the amount of compensation at different times and routes:

250 euros only from five hours late (up to 3,500 km) 400 euros from nine hours late (with more than 3,500 km within the EU) 400 euros from nine hours late (with more than 6,000 km on flights outside the EU) 600 euros from twelve hours delay (with more than 6,000 km)

What consequences would the reform have for travelers and airlines?

According to surveys of flight data analysts, in the event of the reform, as the Commission suggests, the majority of the passengers concerned would no longer be compensated. Consumer advocates speak of around 80 percent.

The obligation to compensate is a central incentive for airlines to operate on schedule and on time, said Tomasz Pawliszyn, CEO of passenger rights portal Airhelp. “If the change is accepted, significantly more and much longer delays will become new normality in European air traffic”.

This adaptation would be a serious step backwards, said the co-manager of the European Consumer Center Germany (EVZ), Karolina Wojtal. Most delays in air traffic were between two and four hours, so the airlines would save a lot of money. “Airlines could be tempted to delay flights in a targeted manner instead of canceling them to avoid compensation.”

It is not well ordered in Germany anyway: According to Airhelp’s surveys, Germany was one of the countries in Europe last year with the most impairments in air traffic. There were more disturbances only in Portugal and Greece.

How does Germany stand by the reform proposal?

Federal Minister of Justice Stefanie Hubig has clearly spoken out against the discussed change in the compensation regulations. “Hours of flight delays are a real nuisance,” said the SPD politician, who is responsible for consumer protection in the federal government.

Such delays could mess with important plans or spoil the start of the vacation deserved. The costly lifetime, said the minister. It will therefore work to ensure that air travelers will continue to be compensated from a delay of three hours.

How do consumer advocates rate the potential reform?

Consumer advocates also criticize the planned reform: Although claims could be made easier in the future – for example through digital processes, said Wojtal. “But the essential planned changes are at the expense of consumers.” A reform should not circumcise the current claims of consumers.

The airlines, in turn, used the favor of the hour and the economically challenging environment in order to align all their lobby efforts so that the reform reduces its duties and financial burdens as possible, Wojtal explained.

What do airline representatives say?

The European lobbying organization “Airlines for Europe” (A4E) supports a reform with extended time thresholds. “If something goes wrong, it takes time to find a replacement aircraft or a replacement crew,” writes A4E on its own website. By extending the threshold values, the airlines would have a good chance of finding a solution that restored the flight schedule and brought passengers to their destination. A4E said that there would be fewer flight cancellations.

The reform has not yet been decided. It is not yet clear whether there is a majority among the EU countries for the changes. The topic will probably be on the agenda at a meeting of the EU Transport Minister in two weeks. The EU Parliament must also agree.