POTENTIAL CHANGES ON THE HORIZON FOR PASSENGER RIGHTS IN EUROPE
July 22, 2026
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On June 15, 2026, following more than a decade of negotiations, the Council of the European Union and the European Parliament announced a conditional agreement intending to modernize the EU regulation on air passenger rights (i.e., Regulation (EC) No 261/2004). In addition to clarifying and expanding a passenger’s right to compensation in the event of a flight cancellation or delay, the agreement introduces new passenger rights to update the regulatory framework which has not been amended since the 2004 enactment. For instance, the agreement contemplates new rights, including a prohibition of denying boarding because a passenger did not take an outbound flight (i.e., a “no-show”). To provide transparency to the traveling public, the agreement explains that a passenger opting to reroute following a cancellation or denied boarding must be offered an alternative route within three (3) hours at the carrier’s own expense. If the carrier neglects to offer rerouting within three hours, passengers are permitted under the agreement to make their own arrangements regarding an alternative route and receive reimbursement of up to 400 percent of the original ticket price. While the conditional agreement must still be approved by both the European Parliament and the Council of the European Union, U.S. and foreign air carriers should thoroughly evaluate the implications of the agreement and seek legal counsel to ensure ongoing compliance. Once formally adopted, the agreement is expected to become effective in 2027.
This Aviation Blog Post is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com; Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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