AirHelp Warns: Proposed EU Changes Threatens Passenger Compensation Rights
A new EU proposal stipulates that compensation for flight delays should only be paid after delays of five, nine or twelve hours, depending on the distance, instead of the current three hours
This proposal represents a weakening of consumer rights
Ireland – 29 April 2025 – AirHelp, the leading travel tech company supporting passengers with flight disruptions, is raising the alarm over proposed changes to Europe’s Regulation (EC) No. 261. Increasing the compensation threshold beyond the current three-hour delay would significantly weaken air passenger rights and marks a major step backward for travellers across Europe.
In 2024, more than 287 million passengers across Europe were affected by flight cancellations and delays. AirHelp recorded that 4.5 million Irish passengers were disrupted last year, and 240,000 people were eligible for €600 compensation under the current EC 261 regulation.
The three-hour threshold is a fair compromise for consumers and airlines
For affected passengers within Europe, EC 261 has established compensation rights for passengers for over 20 years and is considered a global success story in consumer protection. It stipulates that passengers are entitled to compensation payments in the event of a delay of at least three hours under certain conditions. The aim of the EU is to ensure clarity and security for passengers with this regulation.
Current discussions suggest altering the compensation criteria to apply only for delays of five, nine, or even 12 hours, depending on flight distance. However, the existing three-hour threshold represents a well-considered balance between safeguarding consumer rights and acknowledging the operational challenges faced by airlines. A delay of three hours, already longer than the average flight duration within Europe, can result in considerable disruption to passengers’ travel plans. It is also important to note that the current eligibility criteria are already favourable to airlines: compensation is only granted in cases where the delay is within the airline’s control.
Other jurisdictions have already modelled their laws on the European regulation or are in the process of doing so. The UK, Canada, Saudi Arabia, Turkey, Brazil, and soon the US, are all adopting the three-hour rule. The proposed changes would ensure that Europe cedes its sovereignty in the industry to other countries. Furthermore, creating discrepancies in thresholds between the EU and other jurisdictions would create confusion for passengers rather than clarity and certainty.
Changes are intended to benefit airlines financially - at the expense of consumers
Extending the three-hour threshold to five hours or even longer would only further maximise airline profits — at the expense of consumers. According to estimates by the International Air Transport Association (IATA), the industry's revenue in 2024 amounted to around 940 billion euros, an increase of 6.2% compared to the previous year.
According to AirHelp’s analysis, the cost of compensation under EC 261 is only 0.58 cents to 1.17 euros per passenger. Whilst airlines may claim that the regulation is a cost burden for them, not a single airline has provided actual data to evidence these claims, despite multiple requests for evidence from the institutions.
EU regulation as an incentive to minimise delays
Speaking on the proposed changes, Tomasz Pawliszyn, CEO at AirHelp said: “The three-hour rule is an important incentive for airlines to be on time. It forces airlines to optimise their turnaround times, maintenance schedules and crew availability in the long term. This leads to better use of existing airport infrastructure and reduces the need for additional compensatory flights, which would also increase CO₂ emissions, among other things. Maintaining the current threshold ensures that sustainability and efficiency are at the heart of EU aviation policy.
“Our data shows that changing the proposed rules would mean that over 80% fewer flights would be eligible for compensation. This would mean there would no longer be an incentive for airlines to minimise delays. At AirHelp, we believe that the three-hour rule ensures adequate compensation for significant delays, promotes public confidence and makes air travel more reliable for millions of passengers. Raising the threshold would water down these long-standing protections and undermine one of the EU's most recognised achievements in consumer policy. We therefore call on politicians to maintain the three-hour threshold.”
About AirHelp
AirHelp is a travel tech company tackling flight disruptions. Since 2013, it has won compensation for over 2.7 million passengers with a flight delay or cancellation. 9 million passengers have protected their flights with AirHelp+, and countless millions more benefit from the expert information freely available on www.airhelp.com/en-ie/.
AirHelp is also investing in a greener future — it has pledged to plant 1 tree for every 100 flight disruptions and so far it has planted 97,588 trees. As air passenger rights advocates, AirHelp cares about people, and caring about people also means caring about the planet.
#1 source for flight compensation worldwide
With innovative artificial intelligence and a dedicated team of over 400 AirHelpers, AirHelp makes it easy for any traveler in the EU, UK and beyond to receive up to €600 for flight delays and cancellations. For more information about AirHelp, visit: www.airhelp.com/en-ie/.