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The EU261 reform: what the proposed changes would mean for passengers

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Quick answer

Nothing has changed yet: Regulation 261/2004 applies unchanged to every flight until an amending regulation is published in the Official Journal with a date of application. The Council's general approach of June 2025 proposes compensation from 4 hours of delay on flights up to 3,500 km and 6 hours beyond, with amounts of €300 and €500, and codifies rights around re-routing and care. The European Parliament's position and the final text are still to come.

How much flight compensation could I receive?

€250–€600 per passenger, depending on the distance of the flight, for an arrival delay of 3 hours or more, a cancellation announced under 14 days ahead, or denied boarding on a flight covered by Regulation 261.

Does this apply to your flight?

Does this apply to your flight?

A few short questions — no flight number needed yet. You get a preliminary result on the facts you give; the full check confirms it from the itinerary.

What happened to your flight?

Where the reform stands

The Commission proposed a revision of Regulation 261/2004 in 2013; it stalled for a decade. In June 2025 the Council of the EU adopted a general approach — the member states’ negotiating position. The European Parliament must adopt its own position, and the two institutions must then agree a final text, which is published in the Official Journal with a date of application. Until that date, the current rules apply to every flight, and no airline may apply the proposed thresholds early.

What the Council proposes

Rule Today Council position (June 2025)
Delay threshold, flights up to 3,500 km 3 hours 4 hours
Delay threshold, flights over 3,500 km 3 hours (reduced amount below 4 h) 6 hours
Compensation, up to 3,500 km €250 / €400 €300
Compensation, over 3,500 km €600 (€400 intra-EU) €500
Cancellation notice exemption 14 days 14 days

The proposal also spells out re-routing duties (including on other carriers when the airline cannot re-route within a set time), the right to reimbursement of care costs the airline failed to provide, and a list of extraordinary circumstances. The exact figures and wording can still change before adoption.

What it would mean in practice

Most compensable delays today fall between 3 and 4 hours on short and medium-haul flights. Under the proposal those would no longer be compensated, while the amount on the remaining claims would change (€300 instead of €250 or €400; €500 instead of €600). Horvera’s regression suite, which runs every legal scenario through both rulesets, shows that a majority of today’s scenarios would produce a different outcome under the draft.

How Horvera handles the transition

The rules engine selects the ruleset by flight date. The current EU261 ruleset is active; the reform is modelled as a separate, inactive ruleset with no effective date. When the amending regulation is published, the effective date is set, and flights before that date keep today’s rules. Results always name the ruleset version and its sources.

UK and Switzerland

UK261 is separate law: an EU reform does not change it unless the UK legislates. Switzerland applies the Regulation through the Air Transport Agreement and would need to adopt the amended text into the agreement.

Sources

  1. European Community / Swiss ConfederationAgreement between the European Community and the Swiss Confederation on Air Transport (signed 21 June 1999)
  2. European CommissionInterpretative Guidelines on Regulation (EC) No 261/2004 (2016/C 214/04)
  3. European Commission — DG MOVEAir passenger rights (including list of National Enforcement Bodies)
  4. European Parliament and CouncilRegulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights
  5. UK Government — legislation.gov.ukRegulation (EC) No 261/2004 as retained in UK law (assimilated law)

Last legally reviewed: 12 September 2026 · Content updated: 12 September 2026

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