The European Parliament has clearly rejected the EU Council's reform proposal for the Air Passenger Rights Regulation (EC 261/2004) even before the final vote in September. Members of Parliament agree across party lines that the Council's planned weakening of passenger rights is unacceptable. The Association of Passenger Rights Advocates (APRA) welcomes this decision but warns that the proposal, which is considered anti-consumer, will still be put to a final vote in September. If the EU Council prevails, millions of travelers face significant disadvantages, as this would represent a clear step backwards in consumer protection.
The planned hand luggage regulation is particularly controversial. While the EU Council's proposal essentially abolishes free carry-on luggage, the Parliament's Transport Committee is calling for passengers to be guaranteed a free piece of hand luggage weighing up to seven kilograms. APRA considers the changes proposed by the EU Council to be not only anti-consumer, but also legally questionable, particularly since a ruling by the European Court of Justice (ECJ) defines hand luggage as an integral part of the contract of carriage. Tomasz Pawliszyn, President of APRA and CEO of AirHelp, pointed out that the interests of travelers and airlines diverge sharply in this regard, and that lobby groups are attempting to influence MPs to protect revenue from baggage fees.
Other controversial points in the EU Council's proposal include raising the threshold for compensation for delays to four or six hours instead of the current three hours, which would eliminate around 60 percent of current compensation claims. Furthermore, more exceptions for airlines are to apply in the case of "extraordinary circumstances," meaning that internal problems such as strikes or technical defects would no longer be subject to compensation—a redefinition that contradicts the case law of the European Court of Justice. A drastic reduction in the time limit for asserting compensation claims to just six months is also planned, compared to the two to five years currently common in most countries.
In addition, compensation amounts would be reduced, for example, from €600 to €500 for long-haul flights, despite rising flight costs and inflation. Compensation would only apply per trip, even in the event of multiple flight disruptions, and rebookings and hotel stays in the event of flight cancellations would be limited to three nights. Tomasz Pawliszyn emphasized that the European Parliament had sent a strong signal for consumer protection. However, the danger has not been averted. If the reform is passed in September, millions of air passengers in Europe face massive deterioration. APRA believes many of the planned changes are incompatible with current EU law and could lead to an unclear legal situation and a wave of lawsuits.