EU passenger rights: Germany surprisingly presents its own proposal for compensation

Brussels. Last summer was a test of patience for many travelers: almost every second flight was delayed. But there is at least one small consolation: passengers are currently entitled to financial compensation for delays of three hours or more. This regulation is firmly anchored in European air transport - for now. The EU is planning a comprehensive reform of air passenger rights, which consumer advocates believe would entail considerable disadvantages for travelers. Surprisingly, Germany of all countries has now submitted its own counter-proposal to Brussels - and is thus calling the current reform timetable into question. The European Union's transport ministers were actually due to vote on the reform plans in just a few days.

Under current EU law, passengers are entitled to compensation for delays of three hours or more: €250 for short-haul flights of up to 1,500 kilometers, €400 for medium-haul flights of up to 3,500 kilometers, and €600 for long-haul flights of over 3,500 kilometers. However, this regulation, established in the 2013 EU regulation, has been under debate for years.

A recent reform proposal discussed in Brussels would significantly weaken the right to compensation: A payment of €300 would only be available for delays of five hours and more, and for long-haul flights, the amount would be €500 for delays of nine hours and more. Consumer advocates are sounding the alarm: According to calculations, around 80 percent of passengers would miss out on compensation in the future.

Federal Justice Minister Stefanie Hubig (SPD) made it clear last week that Germany, along with Austria, Sweden, and Slovakia, rejects this proposal. "Germany cannot agree to a regulation in Brussels that is one-sidedly aligned with the interests of airlines," she said. Consumer rights are not a luxury that can simply be abolished in economically challenging times.

EU transport ministers were originally scheduled to vote on the new regulation on June 5. But the German government is now causing irritation in Brussels: It had previously barely interfered in the reform of EU air passenger rights, but last week surprisingly put forward its own proposal, which the RedaktionsNetzwerk Deutschland (RND) has seen: 300 euros for delays of three hours or more, regardless of the distance.

A reform of EU air passenger rights provides for travelers to be compensated less frequently.

Source: IMAGO/imagebroker

According to RND information, there is disagreement among member states over the German legislation. One of the reasons: €300 is significantly below the average compensation. Whether a compromise and a majority will be reached remains to be seen, according to diplomats. Nevertheless, according to RND information, the Polish Council Presidency intends to insist on a vote: A revised legislative text is scheduled to be put to a vote at the meeting of EU transport ministers in Luxembourg on July 5.

"Some member states own shares in airlines and are therefore themselves affected by the directive," an EU official explains why some EU states are siding with the airlines. For example, the Italian state holds shares in ITA Airways and supports the weakened passenger rights. For a long time, there was no political will to tackle the sensitive legislation. During the coronavirus pandemic, member states were even more reluctant to place additional strain on the already struggling aviation industry.

Airlines have long complained about the high compensation amounts they have to pay passengers. More time is needed to find replacement crews and aircraft, says the airline association A4E. With five or nine hours' notice, the flight schedule could be stabilized and more cancellations prevented. Consumer advocates strongly disagree: only the pressure of high compensation payments creates an incentive for airlines to improve their punctuality. The Netherlands is demanding a significant increase in compensation amounts in Brussels. After all, the flat-rate amounts have not been increased since 2014, and thanks to digitalization, disruptions can be better predicted and rebookings made easier.

The European Consumer Organisation BEUC warns that most delays are between two and four hours. Raising the compensation threshold to five hours would therefore represent a massive weakening of existing rights.

The plan to fast-track the reform of air passenger rights is also causing controversy in Brussels. The EU Parliament is expected to approve the changes at first reading and will only be able to overrule the member states' positions with an absolute majority.

"After more than a decade of inactivity in the Council, a reform is now being rushed through – at the expense of passengers, as member states want to significantly weaken the compensation rules," criticized CDU transport politician Jens Gieseke. "The Council is trying to put a gun to Parliament's head to force through its position," he told the RND. EU MP Jan-Christoph Oetjen (FDP) criticized the reform plans as "weak in substance." "The proposal severely interferes with individual passenger rights; we in the European Parliament will not go along with that," he told the RND.

In recent years, there have been increasing numbers of delays in air traffic. The number of flights with delays of more than three hours has increased dramatically, rising from 2.2 million affected flights in 2022 to 2.9 million in 2024 in Europe. Air traffic disruptions are particularly common in Germany.