The European Parliament voted by a large majority on Wednesday (21 January) in favour of upholding current air passenger rights in Europe — amid disagreement with the European Council.
The parliament's position included several key demands: the existing three-hour flight delay threshold and compensation sum must stay, passengers should be allowed one personal item plus one small piece of hand luggage for free, the choice of seating should be free for travellers with children under 14 or passengers with reduced mobility, and airlines should provide a pre-filled form for compensation and reimbursement.
The vote in the parliament saw 632 in favour, 15 against and nine abstentions.
Responsible for the file, Bulgarian MEP from the centre-right European Peopple's Party, Andrey Novakov, told journalists afterwards: “With this strong mandate, we are going to negotiate with the council, I hope as soon as possible, after the council updated its own mandate.”
He called on the council to come up with a new position sooner rather than later, and not wait the legally possible three to four months.
But currently the council is against parliament's changes — and the question remains if a new parliamentary position will change that.
The process for updated air passenger rights started in 2014, with changes proposed by the EU Commission. The parliament's position was declared shortly after but conflicts within the council led to the process being delayed for another 11 years.
In June 2025 responsible ministers from member states agreed on a joint position to adjust the rules, which led to interinstitutional talks in October 2025.
So far, they have not yet produced results with a round in December being cancelled by the parliament because the positions were too far apart.
One of the main sticking points with the council is the three-hour threshold for compensation in case of delays and cancellations.
This point is especially important for MEPs, as it is currently not included in the law although there is already a relevant ruling by the European Court of Justice.
The council wants to increase the threshold in favour of airlines — arguing it would give airlines more time to come up with solutions for passengers.
Patrycja Gautier, head of the consumer rights team at the European Consumer Organisation (BEUC), said a new threshold "would deprive 60 percent of currently eligible passengers of their compensation rights.”
The BEUC supports the parliament's position to stick to the current rights and maintain a three-hour threshold for compensation of passengers.
However, Airlines for Europe (A4E), an EU airline association representing several big airlines such as Ryanair and Lufthansa, was unsatisfied with the parliament's decision.
Managing director of A4E, Ourania Georgoutsakou, said “obliging all of us to pay for an extra cabin bag we may not want or need, or to sit next to a disruptive passenger because they can no longer be denied boarding, does not benefit passengers either.”
She claimed the cost to airlines of passenger rights was already high, and could lead to an increased prices.
The parliament’s decision will now return to the council. Member states have three to four months to react to the position by either rejecting or adopting it. The co-legislators can also decide to again hold trilogue negotiations to come to a joint position that is acceptable for both institutions.
Cyprus, currently holding the presidency of the council, aims to come to an agreement before the end of their six-month cycle in June 2026.
Even though both sides signalled willingness to come to a conclusion an EU diplomat told EUobserver: “We expect that air passenger rights will come to nothing,” adding: “The positions are just too far apart.”
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Hannah Kriwak is a junior reporter from Austria at EUobserver, covering European politics.
Hannah Kriwak is a junior reporter from Austria at EUobserver, covering European politics.