Consumer advocates: EU reform could seriously weaken passenger rights

EU countries are currently discussing a proposal from the European Commission, which envisages compensation only for significantly longer delays than before.

Currently, under the 2004 Passenger Rights Regulation (EC 261), passengers are entitled to a flat-rate compensation of between €250 and €600 ($284-$682) for delays of three hours or more.

According to the commission's proposal, this threshold is to be raised to between five and 12 hours, depending on the flight distance. As a result, consumer advocates say that around 80% of compensations would be eliminated.

Criticism from German justice minister and consumer advocates

German Justice Minister Stefanie Hubig has spoken out strongly against the discussed change in compensation regulations.

"Consumer rights are not a luxury that can simply be abolished in economically challenging times," said the Social Democrat politician, who is responsible for consumer protection in the German government. She said she would therefore advocate for air travellers to continue to be compensated for delays of three hours or more.

This adjustment would be a significant step backwards, said Karolina Wojtal, co-director of the European Consumer Centre Germany (EVZ). Most delays in air traffic are between two and four hours.

"Airlines could be tempted to deliberately delay flights instead of cancelling them to avoid compensation," Wojtal said.

Outcome of talks unclear

The European lobby organization Airlines for Europe (A4E) supports a reform with extended time thresholds.

"When things go wrong, it takes time to find a replacement plane or crew," A4E writes on its own website. "By extending the thresholds, airlines will have a fighting chance of finding a solution that could recover the flight schedule and get passengers to their destination." This would ultimately benefit the passengers, it said.

The reform has not yet been adopted. It is still unclear to what extent the EU countries will follow the commission's proposal or make further changes.

In addition, a final compromise must be reached with the European Parliament. The outcome of these negotiations will determine what the final reform will look like.