European Parliament Votes to Preserve 3-Hour Flight Delay Compensation Rule

The European Parliament has voted decisively to maintain the three-hour flight delay threshold for passenger compensation. This decision is part of the ongoing Regulation (EC) No 261/2004 revision process. The vote on January 21, 2026, adopted the Parliament's position on the next set of EU air passenger rights rules.

Current Stance and Next Steps

Lawmakers in Strasbourg overwhelmingly supported the current system. The vote was 632 to 15, with nine abstentions. This maintains the right for air travelers to claim compensation for delays of three hours or more.

This position creates a significant impasse with the Council of the EU (member states). The Council had previously sought to weaken the rules. Member states proposed extending the compensation threshold. This extension would be four to six hours, depending on the flight distance.

Conflicting Proposals

The Parliament’s position is to keep compensation amounts between €300 and €600. These amounts depend on the flight distance. The member states’ proposal suggested a lower range. Their proposed compensation was between €300 and €500.

• Parliament Position: Compensation starts at a three-hour delay.
• Council Position: Compensation starts at a four-to-six-hour delay.

The next stage involves trilogue negotiations between the Parliament, the Council, and the European Commission. A compromise text must be agreed upon for the reform to move forward.

Impact on Airlines and Passengers

Maintaining the three-hour threshold is a major win for air travel consumer protection groups. They argue that extending the delay time would significantly reduce the number of eligible passengers. The current rule, established under Regulation (EC) No 261/2004, has been in force since 2004.

Industry Challenges

European airlines, including low-cost carriers, have long lobbied for a change. They argue the existing rule imposes a heavy financial burden on air carriers. Industry groups support the Council’s proposals. They suggest linking compensation to longer delay times based on flight distance. Airlines claim the current system sometimes encourages cancellations. This is done to avoid running a flight with a long delay and incurring compensation costs.

The financial liability for airlines remains a key challenge. This is especially true during periods of high disruption. The Parliament’s vote signals a clear intent to prioritize passenger rights.

Additional Passenger Rights

Beyond the long flight delay compensation, MEPs also pushed for other passenger-friendly measures. These include requiring airlines to allow one extra piece of hand luggage free of charge. They also voted to ban charging parents to sit next to their children.

The Parliament also wants to update the list of “extraordinary circumstances.” This list allows airlines to waive compensation obligations. The goal is to make the list exhaustive and regularly updated by the European Commission. This would provide greater clarity for both airlines and passengers regarding liability. The duty to provide care, such as refreshments and meals, for stranded passengers will also be retained.

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