European air travellers could soon lose their right to compensation for delayed or cancelled flights, as the legislation guaranteeing this right – one of the EU's showpieces in terms of consumer protection – is currently under review.
The text currently on the table proposes changing the time limit for receiving compensation it would no longer be three hours, but five. For longer distances, this could go up to nine or even 12 hours. If approved, 85% of travellers currently entitled to compensation would lose it.
"This is a step backwards, not forwards," Belgian Minister for Consumer Protection Rob Beenders (Vooruit) told The Brussels Times. "The rules for compensation or the amounts and thresholds for claiming such compensation cannot be allowed to change. This is a red line that should not be crossed."
Currently, passengers can obtain compensation of between €250 and €600 for delays of three hours or more. The proposal would apply to any flight departing from an EU airport, regardless of the nationality of the airline, and to flights arriving at EU airports if they are operated by an EU airline.
Lose-lose
Belgian consumer protection organisation Testachats also strongly opposes the "unacceptable" proposal currently on the table. "Especially when you consider that even now, only one passenger in three entitled to compensation actually gets it," said spokesperson Laura Clays.
In fact, certain companies have now made it a business model to take airlines to court to apply for compensation (for which they then charge 30% commission). This way, public money is wasted as courts are flooded with complaints from frustrated passengers. "In short: a lose-lose situation for everyone."
Additionally, three-quarters of passengers would prefer another flight as soon as possible in case of a disruption. With the proposal currently on the table, however, they would have to wait eight hours before being allowed to book a flight with another airline. "But passengers should be able to get an alternative flight as soon as possible, if necessary also with competitors," said Clays.
Credit: Belga/Ine Gilles
She stresses that this weakening of passenger rights comes at a time when airlines are making record profits. Lufthansa, for example, posted profits of €37.6 billion in 2024.
Additionally, the current review also holds other issues that should be addressed: consumer organisations find that airlines exploit passengers by charging hidden fees, such as extra costs for travelling with hand luggage, while the Court of Justice of the EU has ruled that this should be included in the price of your ticket.
Testachats filed a complaint about this with the Economic Inspection in May 2023 and is awaiting a decision. In Spain, five airlines have already been fined for charging hand luggage fees.
Protecting passengers' rights
Bookings via online platforms also need to be better regulated: now, these platforms also try to hide as many costs as possible, so that consumers are only charged much later, and their customer services are inaccessible. Without better regulation, passengers will often continue to be left out in the cold.
"The ball is now in the camp of Member States to make their voices heard," the organisation said. "Unless Member States manage to adjust the text in the right direction, air passengers' rights will be severely curtailed. And that while the airlines are making historic profits."
In the past, Minister for Consumer Rights Beenders already advocated for airlines and big travel platforms providing package holidays to automatically compensate travellers in case of denied boarding, cancellation or delay. As part of the European discussions, he will work with Belgian Mobility Minister Jean-Luc Crucke (Les Engagés) to ensure that, "at the very least," all established passenger rights are preserved.
By June, there should be an agreement at the European level.
