Delayed flights? Know your rights

Despite advances in air traffic management and technology, travellers in the European Union are still facing significant disruptions in 2025. According to Skycop, in 2024 about 1.5% of all EU, EEA, and UK flights did not arrive at their destination within three hours of their originally scheduled time. While this may seem like a small percentage on paper, it translates into major real-world consequences.

With 6.7 million flights across the EU reported by Eurostat in 2024, this means that at least 100,000 flights experience long delays annually. Given the reported average of 183 passengers per flight, more than 18 million travellers are affected each year.

For these passengers, delays are more than just statistics. Millions missed business conferences, were late to overseas family events, or had hours cut from their already-limited holidays.

It is for this reason that the European Union introduced legal mechanisms to ensure compensation for affected passengers. Regulation (EC) No 261/2004 serves as the cornerstone of EU air passenger rights.

The directive sets clear limits on when a delay becomes unreasonably long, categorised as follows:

• Two hours for flights of up to 1,500 kilometres

• Three hours for all other intra-EU flights, or flights between the EU and non-EU destinations ranging between 1,500 and 3,000 kilometres

• Four hours for flights to or from destinations outside the EU exceeding 3,000 kilometres

When these thresholds are reached, airlines must provide passengers with meals and refreshments, as well as access to communication services such as phone calls or emails. If the delay extends overnight, accommodation and transport between the airport and the lodging must also be provided at no cost to the passenger.

The directive also provides for monetary compensation, ranging from €250 to €600 per passenger, depending on flight distance. While the regulation itself does not specify the exact criteria for compensation, European case law has clarified the rules. In the landmark case Sturgeon and Others v Air France SA, the European Courts established that passengers are entitled to compensation if they arrive at their destination more than three hours after the scheduled arrival time, except when the delay is caused by circumstances beyond the airline’s control. The airline bears the burden of proof for such extraordinary circumstances. Importantly, receiving this compensation does not prevent passengers from pursuing additional damages through other legal avenues.

This piece of legislation has recently been making waves in the European political arena. In the summer of 2025, the European Council set in motion a series of proposed amendments that would raise the delay compensation threshold established by the Sturgeon case from three to four hours, while adjusting the corresponding compensation amounts to between €300 and €500—a move widely seen as detrimental to passengers’ rights.

Fast forward to October, and the European Parliament not only rejected the council’s proposal, but also began discussing the expansion of passenger rights even further. During a plenary sitting that took place on the 21 January 2026, a second reading of a draft bill took place, proposing changes such as higher compensation, lower thresholds, the abolition of additional check-in fees, and the introduction of the right to carry a personal bag free of charge, amongst others.

With the Council and Parliament at odds on the matter, the typical way forward is the formation of a Conciliation Committee, in order to negotiate a final text.

Whilst this is a turbulent time for air passenger rights within the EU, the Parliament has made its position clear; that it shall not be taking the side of airline companies to the detriment of the individual passenger. We seem to be moving towards a scenario whereby passenger rights shall be better secured than before.

The information contained in this article is provided for general informational purposes only and does not constitute legal advice. Because every situation is unique, readers should seek independent advice from a warranted lawyer regarding their particular circumstances.