The EU Council recently adopted a reform of air passenger rights, but the current legislative proposal has met with sharp criticism. The Austrian Automobile, Motorcycle and Touring Club (ÖAMTC), in particular, is urgently warning of a significant deterioration in the rights of air passengers.
As ÖAMTC lawyer Verena Pronebner explains, there is a risk of a drastic increase in the thresholds for compensation claims in the future: Instead of the current uniform regulation, which provides compensation for delays of three hours or more, this threshold will be raised to four hours for short-haul flights and even to six hours for long-haul flights. According to the ÖAMTC, this change, which represents the first far-reaching reform since the last adjustment in 2004, would result in a large proportion of affected air travelers no longer being able to assert compensation claims in the future.
Deterioration instead of strengthening: The new thresholds for compensation
The current European Union Air Passenger Rights Regulation, in force since 2004, provides compensation for passengers whose flights are delayed by three hours or more. The amount of compensation depends on the distance to the destination and is set at €250 for short-haul flights, €400 for medium-haul flights, and €600 for long-haul flights (over 3.500 kilometers). This principle has proven to be an important protection for consumers over the past twenty years.
However, the draft legislation now proposed by the EU Council proposes a significant increase in these thresholds, which would significantly undermine passenger rights. Specifically, compensation claims will only be available for delays of four hours on short-haul flights and six hours on long-haul flights. Verena Pronebner of the Austrian Air Transport Association (ÖAMTC) sharply criticizes this development: "Instead of strengthening the rights of air passengers for the first time since 2004, a significant danger is looming."
Experience from the ÖAMTC legal advice service shows that over 75 percent of flight delays are around three hours. This means that a large portion of the cases currently eligible for compensation would fall below the future threshold. Pronebner clarifies: "There is also a risk that, after the reform, a large portion of air travelers will no longer be eligible." This would significantly weaken passengers' rights and relieve airlines, while the financial burden remains with consumers.
Criticism of the amount of compensation and demands to the European Parliament
In addition to the increase in the delay thresholds, the planned change in the amount of compensation payments is also giving rise to criticism. Previously, compensation was tiered: €250 for short-haul flights, €400 for medium-haul flights, and €600 for long-haul flights. While the new proposal provides for a slight increase to €300 for short-haul flights, it completely eliminates the medium-haul category. For long-haul flights (over 3.500 kilometers), compensation would even be reduced to €500. These changes would disadvantage passengers depending on the flight distance, particularly on medium-haul flights, for which there would no longer be separate compensation in the future.
In light of these planned deteriorations, the ÖAMTC urgently appeals to the European Parliament to side with consumers. "The EU Council has made its proposal – after the summer recess, it is now up to the European Parliament to oppose this erosion of hard-won air passenger rights," the ÖAMTC expert makes clear. The European Parliament has the option of rejecting or amending the Council's proposal in order to protect the rights of air passengers. The role of the Parliament as the representative of European citizens is crucial in this regard. It remains to be seen how the Members of Parliament will position themselves and whether they will take the concerns of consumer protection organizations into account.
Further requirements: hand luggage and food
As part of a comprehensive reform of air passenger rights, the ÖAMTC sees a need for action not only in the compensation regulations, but also in other important aspects that affect travel comfort and transparency for consumers.
A central point is the topic carry-on baggageIn recent years, many airlines have introduced fees for hand luggage or made their size and weight regulations increasingly restrictive. This often leads to confusion and additional costs for travelers. "We would like to finally see standardization here – without any hassle for consumers, of course. So a clear yes to standardized sizes and transparent booking, but also a no to extra fees for hand luggage," says Verena Pronebner, summarizing the mobility club's demand. Clear and consistent regulations would make planning easier for passengers and avoid unexpected costs at the airport.
Another long overdue point concerns the Catering in case of flight delaysCurrent regulations stipulate that airlines must offer meals and refreshments in the event of long delays. This is often done in the form of vouchers, the value of which, however, is barely sufficient to provide adequate supplies given the prices in airport restaurants. "Given the prices on site, the vouchers currently frequently offered are barely sufficient to provide adequate supplies in airport restaurants," concludes the ÖAMTC expert. The mobility club is therefore calling for a flat rate for snacks and drinks that actually covers costs. This would ensure that passengers are adequately supplied during long waits and do not have to go hungry or thirsty at their own expense. Pronebner summarizes: "There is still a lot to do if the urgently needed reform is to also improve the situation for consumers." The reform of air passenger rights should therefore not only address the core issues of compensation, but also eliminate everyday annoyances for air travelers.
Background and context of air passenger rights
The European Air Passenger Rights Regulation (EC) No. 261/2004 was created to provide clear rights and protection to passengers in the event of flight irregularities such as cancellations, delays, and denied boarding. Since its introduction, this regulation has helped millions of travelers obtain compensation and encouraged airlines to better comply with their transport obligations. The regulation was an important step towards strengthening consumer rights in air travel.
The reform now proposed is a result of the political process within the European Union, in which various interest groups – airlines, consumer protection organizations, and national governments – contribute their positions. While airlines often call for a relaxation of the rules to reduce their financial burden, consumer protection organizations such as the ÖAMTC (Austrian Automobile Club) advocate for strengthening or at least preserving existing rights. The current proposal from the EU Council appears to meet the airlines' demands in key respects, which explains the concerns of consumer advocates. The further legislative process in the European Parliament will show whether travelers' concerns are heard and whether the reform actually leads to an improvement or worsening of the situation.
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