EU Air Passenger Rights (EU261): First Major Reform in Nearly 20 Years

The European Commission proposed the revision of the EU air passenger rights framework in 2013, with the aim of clarifying existing rules and improving their application for both passengers and airlines. It was the case law of the Court of Justice of the European Union that further shaped the interpretation of passenger rights, thereby highlighting the need for a substantial overhaul of Regulation (EC) No 261/2004, commonly known as “EU261”.

Today marks the first revision in nearly two decades, aimed at modernising and strengthening EU air passenger rights by clarifying existing rules and enhancing legal certainty for travellers, airlines, and enforcement authorities across the European Union. The reform closes legal gaps and ensures that passengers’ rights can be applied and enforced more effectively in practice.

In summary it regulates, provides for, and/or clarifies the following:

a) Compensation rights, thresholds, and claims procedures: the existing protective provisions are maintained, while passengers will benefit from timely information and simplified compensation procedures in the event of flight disruptions.
b) Extraordinary circumstances: a clearer definition and a more uniform application of the rules, ensuring greater predictability for both passengers and airlines.
c) Fare transparency and hand baggage charges: enhanced transparency and improved price comparability, while preserving airlines’ freedom to set their pricing structures.
d) Enhanced rights for passengers with reduced mobility and disabilities, and
e) Ban of no-show policy for return flights.

The new framework is expected to enter into force around 2027, following formal approval and publication. In essence, the revised rules will apply 12 months after adoption and publication in the Official Journal of the European Union.