Negotiations on the fundamental reform of the European Air Passenger Rights Regulation EC261 between the Council of the European Union and the European Parliament have been suspended without result after a 16-hour marathon meeting in Brussels.
The deep divide between the institutions stems from a major controversy over the future level of passenger protection. The Council, representing the member states, is demanding a drastic reduction in the maximum compensation rates for flight delays and cancellations to a flat rate of €200. This would represent a significant step backward compared to current legislation, which guarantees consumers compensation of up to €600, depending on the flight distance.
The European Parliament, led by chief negotiator and MEP Andrey Novakov, strongly rejects these cuts and insists on adherence to its core principles. Among the parliamentarians' unshakeable positions are maintaining current compensation levels, the strict three-hour threshold for passenger compensation in the event of delays, and the right for children to sit next to their parents free of charge. Novakov made it unequivocally clear that Parliament will not compromise on these points. The parliamentary negotiating team accuses the Council of breaking existing agreements and unilaterally prioritizing the interests of the aviation industry over consumer protection.
Consumer protection organizations and industry associations reacted with great concern to the course of the secret talks. The Association of Passenger Rights Advocates (APRA) and the European consumer protection organization Euroconsumers warned in a joint statement of the biggest setback for consumer rights in the history of the European Union. The associations calculated that existing compensation claims have already been devalued by almost 60 percent in real terms due to inflation in recent years. An additional nominal cap of another two-thirds, as the Council is seeking, would unilaterally shift the financial risk of flight cancellations onto citizens and minimize the economic pressure on airlines to adhere to their flight schedules.
When negotiations at the European level will resume is currently completely open. Since the consent of both legislative bodies is mandatory for any amendment to the regulation, the old version of Regulation EC261 remains in force unchanged until further notice. Aviation experts emphasize that the ongoing standstill in the reform also prolongs legal certainty for airlines and passenger rights portals, as key definitions of so-called extraordinary circumstances, such as strikes or extreme weather events, will continue to be subject to interpretation by the European Court of Justice.