The German federal government firmly rejects a planned weakening of EU air passenger rights. In its response to a parliamentary question from the Alliance 90/The Greens parliamentary group, the government takes a stand against a reform adopted by the Council of EU Transport Ministers.
The EU proposal proposes raising the threshold for compensation payments for delayed flights from the current three to up to six hours, and adjusting the compensation amounts. The German government considers such a "weakening of the level of consumer protection" unacceptable and continues to advocate for a balanced balance of interests between passengers, airlines, and the travel industry. Berlin's position is a clear signal in favor of maintaining the proven three-hour delay limit and could significantly influence the ongoing negotiations at the European level.
A proposal that disadvantages passengers: The EU reform plans
The discussion about a reform of the EU Air Passenger Rights Regulation (EC 261/2004) is not new and has been conducted at the European level for years. Airlines repeatedly complain about the high financial burden associated with compensation payments and demand relief to strengthen their competitiveness. On June 5 of this year, the Council of EU Transport Ministers appeared to have reached a political agreement that meets the airlines' demands.
The proposal proposes a drastic increase in compensation thresholds. Accordingly, passengers would only be entitled to compensation for delays of four to six hours, depending on the flight distance. Currently, under the current regulation, passengers are entitled to lump-sum payments for delays of three hours or more.
- For a flight distance of up to 1.500 kilometers, these are EUR 250.
- For flights within the EU of more than 1.500 kilometers and for flights outside Europe between 1.500 and 3.500 kilometers, EUR 400.
- For flights over 3.500 kilometers, EUR 600 paid.
According to the Council of Ministers' proposal, this scale is to be changed to benefit airlines. Such a reform would significantly restrict consumer rights and significantly increase the hurdles for compensation.
Berlin's position: Maintain the three-hour threshold and adjust the amounts
In its response to the Green Party's parliamentary question, the German government makes its position clear and unambiguous: It rejects an increase in the three-hour delay threshold. It justifies this by arguing that this threshold has proven effective in practice and is an important pillar of consumer protection in aviation. A higher threshold would disproportionately disadvantage passengers.
However, the government sees a need for reform in the amount of compensation payments. It proposes to set the compensation payments at a uniform amount of EUR 300 This concept would lead to an interesting redistribution: passengers on short-haul flights would receive higher compensation compared to the current system. In return, passengers on medium- and long-haul flights would receive a lower payment.
- The government justifies this proposal by arguing that it would relieve the burden on European airlines on long-haul flights, where they are in direct competition with non-European providers that are not bound by the EU regulation.
- The government argues that this “simple, understandable concept” will be easier to implement in practice for all parties involved.
The government also advocates modernizing the regulation in the area of digitalization. The proposals from Berlin are therefore not aimed at a general weakening of the regulation, but rather at simplifying it and providing targeted relief for airlines in international competition, without abandoning the principle of consumer protection.
The further procedure: A decision in the hands of the European Parliament
The political process in the EU is complex and lengthy. Following political agreement in the Council of Ministers, the formal adoption of the position at first reading is now pending. After that, the proposal is forwarded to the European Parliament, which has the option of approving, rejecting, or amending the Council's proposal.
The role of the European Parliament in this process is crucial, as it represents the interests of citizens and consumers. An intense debate on the future of air passenger rights is expected to develop here as well. The vote of the German government, which is clearly opposed to a weakening of consumer protection, could play an important role in this and serve as an argument for members of the European Parliament who favor stricter regulation.
Germany as a bulwark for passenger protection
The German government's stance in opposing the EU Council of Ministers' plans is a remarkable sign. Berlin is positioning itself as a bastion of consumer protection in European aviation. By wanting to maintain the three-hour threshold, it is protecting the rights of passengers and opposing any threatened weakening of the regulation.
The proposals to adjust compensation amounts are a pragmatic attempt at a compromise that takes the interests of airlines into account without completely disadvantaging passengers. Now the ball is in the European Parliament's court, which must make a final decision on the future of EU passenger rights. Germany's position will certainly play an important role in this debate.