The EU Council and European Parliament are on a collision course over air passenger rights, with the two institutions adopting completely different philosophies—the Council largely adopting airline positions whilst Parliament hardens its stance in favour of passenger protection.
The confrontation started in 2014 when Parliament reacted to a Commission proposal to update passenger rights, proposing that passengers facing delays or cancellations have better access to compensation with clearer rules on how airlines should handle complaints. Divergences in EU country positions blocked the file for 11 years. However, in June 2025 EU ministers reached a political agreement.
Negotiations with Parliament started in October 2025 but failed to reach agreement, forcing Parliament to approve its position in a second reading. A total of 632 MEPs voted to reject the Council’s proposals, with 15 voting against and nine abstentions.
Current rules
Cyprus Consumer Association legal officer Virginia Christou analysed the two institutions’ proposals. As she explained, today there is a European regulation—Regulation 261/2004—that applies in all member states, including the UK, ensuring passenger rights on flight delays and denied boarding. She added it also determines the compensation amount for flight cancellations or delays.
She pointed out that the international Montreal Convention, applied by all airlines, mainly concerns baggage. “The Montreal Convention was revised some time ago and compensation increased in cases where baggage is lost or damaged,” she said. However, the European regulation revision remains open.
Currently, for flight delays of three hours or more, passengers are entitled to compensation starting from €250 and reaching up to €500, depending on flight distance.
If a flight is delayed, cancelled or overbooked, passengers should contact the airline. Each company has a different contact method, such as email or written complaint submission.
Regarding check-in, some airlines accept boarding passes in digital form whilst others require printed ones. If passengers haven’t printed theirs, they may be charged.
Council downgrades rights
Christou emphasised that efforts are currently being made to revise the regulation, as the Council submitted to Parliament changes that downgrade passenger rights. Specifically, the Council proposes extending passenger waiting time at airports beyond four hours. “This is an airline recommendation that was accepted by the Council,” she said, adding that Parliament’s position is to maintain the three-hour limit.
Free hand luggage and refunds
After rejecting the Council’s proposals, Parliament adopted specific proposals strengthening passenger rights. A pre-filled application was adopted—in case of delay or cancellation, passengers will receive an email with the form for a refund.
A strict refund framework was introduced requiring amounts to be paid within 14 days to the passenger’s account. Regarding hand luggage, free transport in the cabin of one hand luggage item and one small personal item was decided.
Additionally, a change is being promoted so children under 14 and disabled or reduced-mobility persons can sit next to their companions without extra charge. For compensation, Parliament demands amounts starting from €300 and reaching up to €600.
At the same time, Parliament seeks to end extra charges for typos when buying tickets. Christou noted there is a proposal for free corrections to passenger names and free check-in.
An important change concerns defining “emergency”. When airlines invoke it, they disclaim responsibilities to passengers. “Now it is being clarified what truly constitutes an emergency,” she said.
The proposals will be sent to the Council. If there is disagreement, new consultation and a new text will be required. If agreement is reached, the final text will be sent to Parliament for a vote.
Christou said several airlines are reacting strongly to Parliament’s proposals. “Lately, as a Consumer Association, we observe that EU institutions tend to make decisions against citizens, both in the air transport sector and in passenger information,” she said.
Cyprus Presidency challenge
DIKO MEP Costas Mavrides told “F” that mobility is connected to the fundamental EU right of free movement in the European Union. “That is why, as European Parliament, we have an overwhelming position on passenger rights, as confirmed in the last plenary, adopting it almost unanimously,” he said.
He emphasised that “as Parliament we reject the weakening of existing passenger rights and insist on maintaining the three-hour delay limit and the existing compensation amount. Additionally, we demand free transport on the plane of one personal item (e.g. bag, backpack or laptop) plus one small hand luggage. At the same time, basic transport services must be provided without unjustified or hidden charges. We attach particular importance to protecting vulnerable groups, e.g. adult companions of children under 14 and disabled or reduced-mobility persons should be able to sit with them without charge. Finally, we insist on simpler procedures so citizens know and can claim their rights in practice.”
He said that after 20 years since the last legislation on airline policies, especially low-cost carriers, passenger rights must be updated. “The EU Council, meaning member state governments, has a different position from the European Parliament, seeking flexibility, particularly on compensation. Cyprus as Council presidency has a difficult task ahead in this six-month window. If it reaches an agreement leaning towards the European Parliament’s position, it will be a great success for European citizens and for itself.”
Read more: