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Sunday, Jun 08, 2025

EU Implements Comprehensive Reforms to Air Passenger Rights

New regulations introduce over 30 rights for travelers, including compensation up to 400% and improved support in disruptions.
Ministers of transportation from European Union member states have reached a political agreement on a comprehensive reform of air passenger rights, ending a long-standing impasse in establishing new rules aimed at significantly enhancing consumer protection in the aviation sector.

The new regulations will replace existing provisions from 2004 and introduce over 30 new rights for travelers, clarifying existing mechanisms for compensation, assistance, and information, with the goal of balancing the interests of passengers and the operational realities of airlines.

Polish Infrastructure Minister Dariusz Klimek, whose country currently holds the presidency of the EU Council, described the agreement as a 'historic milestone,' highlighting the lack of political consensus for more than 12 years.

'These rules respond to long-standing demands from both passengers and the industry for a clearer, more modern, and fairer framework,' Klimek stated.

Key Changes in the New Regulations

The new rules encompass four main areas: the right to rerouting, the right to assistance, the right to compensation, and the right to information.

Immediate Rerouting: Airlines will now be obligated to offer rerouting to the final destination as soon as possible, including the use of flights from other carriers or alternative means of transportation, such as trains or buses.

If a rerouting option is not provided within three hours of a disruption, passengers will have the right to organize an alternative themselves and request a refund of up to 400% of the original ticket price.

Assistance in Case of Disruption: The right to assistance, including refreshments, meals, and accommodation, is now explicitly stated and standardized.

If airlines fail to meet this obligation, passengers may seek these services independently and reclaim the costs.

Additionally, in cases of aircraft being held on the tarmac, passengers must be disembarked after a maximum of three hours.

New Compensation Thresholds for Delays and Cancellations: The revised rules alter the compensation thresholds.

Passengers will be entitled to 300 euros for delays of over four hours on flights up to 3,500 km, including intra-EU flights.

For longer journeys (over 3,500 km), the compensation is set at 500 euros for delays exceeding six hours.

Airlines will no longer be able to automatically cite 'extraordinary circumstances' as a justification for avoiding compensation unless they can prove that reasonable measures were taken to prevent the disruption.

In cases of flight cancellations less than 14 days prior to departure, passengers are entitled to compensation, and airlines will be required to provide pre-filled request forms to simplify the administrative process.

End of ‘No-Show’ Penalties: A significant new provision relates to the ending of the controversial practice where passengers lose their right to the return leg of a flight if they do not use the outbound flight.

Under the new rules, passengers in such situations will no longer be denied boarding without compensation.

Greater Transparency and Shorter Response Times: Airlines will be required to provide clear information about passengers' rights during the booking process, along with transparent procedures for handling complaints.

Strict deadlines have been instituted: passengers will have six months to submit a claim, while airlines must respond within 14 days, either by issuing compensation or providing a clear and reasoned response.

Scrutiny of Hand Luggage Regulations: One of the significant points under consideration in the new regulations pertains to rules regarding hand luggage.

EU institutions have announced plans to address opaque and inconsistent policies around cabin baggage charges, particularly by low-cost carriers.

Although the final text is yet to be finalized, new rules are expected to define passengers' rights to carry basic hand luggage free of charge, specifying minimum dimensions and conditions.

The European Parliament may, in its second reading, call for this issue to be included as a mandatory component of consumer protection, relying on a previous ruling from the EU Court of Justice that established hand luggage as an integral part of airline services that must be justified and limited in charging.

Impact on Passengers from Serbia and the Region: Although the new regulation formally applies to EU member states, its effects will also be strongly felt among passengers from Serbia, Montenegro, Bosnia and Herzegovina, and other regional countries.

All flights departing to the EU—regardless of the passengers' nationality or the airline's location—will fall under these rules.

The new rights will also apply to flights to the EU operated by European carriers, meaning that many regional travelers using airports such as Budapest, Vienna, Zagreb, or Sofia will be directly affected by the new regulations.

When Will the New Rules Take Effect?: Although political agreement has been achieved among transportation ministers in the EU Council, the new regulations have not yet come into force.

The proposal will move to a second reading in the European Parliament, which can adopt, amend, or reject it.

If the Parliament approves the text without further amendments, the regulation could be published in the EU Official Journal and formally take effect 20 days later, with implementation likely starting in 2026, depending on final transitional deadlines established.

Until then, existing regulations (EC) 261/2004 and 2027/97 will remain in effect.

How Will the New Rules Apply to Air Serbia and Air Montenegro Flights?: The new regulations, like previous EU rules on passenger rights, apply regardless of the airline's country of origin, with geography of the flight being decisive.

This means the new rules will also apply to non-EU carriers such as Air Serbia and Air Montenegro—but only on flights departing from the EU to non-EU countries.

On these flights, passengers will be entitled to rerouting within three hours, compensation of up to 500 euros in case of delays, assistance during disruptions, clear information, protection against 'no-show' penalties, and the right to carry basic hand luggage free of charge once the rules formally take effect.

Conversely, on flights arriving in the EU from outside the bloc—such as the Belgrade-Frankfurt or Podgorica-Vienna routes—the new regulations will not apply if the carrier is non-EU, unless national legislation in Serbia or Montenegro adopts similar rules.

Thus, only flights commencing within the Union's territory will be fully subject to these provisions regarding non-EU carriers.

The new regulation marks a significant step forward in enhancing passenger rights within the EU, setting ambitious standards that could influence countries beyond the Union.

With clearer formulations, shorter timelines, stricter airline responsibilities, and strengthened consumer positions, European travelers are poised to receive a system aligned with the realities of modern air transportation.

This is an important development for the Western Balkan region, where citizens frequently fly to and from the European Union, now benefiting from broader and clearer protections.
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