Air passenger rights: what Regulation 261/2004 provides and what its revision changes

A cornerstone for European travellers

Adopted on 11 February 2004, Regulation (EC) No 261/2004 establishes common rules on compensation and assistance for passengers in the event of denied boarding, cancellation or long delay of flights. It applies to all flights departing from an EU airport, and to flights arriving in the EU when operated by a European airline.

The text distinguishes three kinds of rights: assistance on the spot, refund or re-routing, and fixed compensation.

Assistance while waiting

According to the official Your Europe portal, the airline must provide meals, refreshments and two free calls or messages when the departure delay reaches:

• 2 hours or more for flights of 1,500 km or less;
• 3 hours or more for intra-EU flights over 1,500 km and other flights between 1,500 and 3,000 km;
• 4 hours or more for all other flights.

If departure is put back to the following day, hotel accommodation and transport between the airport and the hotel are also due. From a 5-hour delay, passengers may abandon the journey and obtain a refund of their ticket.

Fixed compensation

The regulation sets fixed amounts depending on flight distance:

• €250 for flights of 1,500 km or less;
• €400 for intra-EU flights over 1,500 km and other flights between 1,500 and 3,500 km;
• €600 for flights over 3,500 km.

These amounts apply in cases of denied boarding, cancellation notified less than 14 days before departure (with exceptions where re-routing close to the original schedule is offered) and, under the European case law reflected by the Commission, arrival at the final destination at least 3 hours late. They may be halved where re-routing keeps the arrival delay within set limits.

The question of extraordinary circumstances

The airline does not have to pay compensation when the disruption is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Your Europe gives examples such as air traffic management decisions, political instability, adverse weather or security risks. By contrast, most technical faults found during maintenance and strikes by the airline's own staff generally do not qualify. Assistance remains due in every case.

A revision agreed in 2026

After many years of discussion, the European Parliament and the Council reached a political agreement on revising air passenger rights, welcomed by the European Commission on 15 June 2026. Parliament then approved, on 7 July 2026, the joint text from the conciliation committee.

According to the Commission, the main points are:

• the 3-hour delay threshold for compensation is kept, as are the €250, €400 and €600 amounts;
• airlines will have to inform passengers proactively, within 96 hours of a disruption, of their rights and of how to claim, and claim procedures are simplified;
• extraordinary circumstances are set out in a list;
• denying boarding on the return flight to a passenger who did not take the outbound flight ("no-show") will be banned;
• fare transparency, including hand baggage charges, is strengthened.

The Commission states that the new rules will apply 12 months after the text is published in the Official Journal of the European Union. Until then, the 2004 regulation remains the reference.

How to claim

The process always starts with the airline. If there is no reply within two months, or if the passenger disagrees with the answer, they can turn to the national enforcement body responsible for the regulation, which in France is the Directorate General for Civil Aviation (DGAC), or use alternative dispute resolution.