Legal update · EU law

The EU261 reform has been ratified. Here's what changes — and what doesn't.

In one sentence

If your flight is cancelled or arrives more than 3 hours late, you're still entitled to between €250 and €600 — exactly as before. What actually changes is everything else: hand luggage included by default, children seated free next to their parents, clearer claim deadlines, and a more detailed list of when airlines can avoid paying.

What just happened

On 7 July 2026, the European Parliament's plenary in Strasbourg ratified the political agreement reached with the Council, with 646 votes in favour, 12 against and 3 abstentions. It's the first substantial reform of Regulation (EC) 261/2004 since it entered into force in 2005 — and it arrives after thirteen years of deadlock: the European Commission tabled the original proposal back in 2013, and it had never gone anywhere until now.

2013
The European Commission tables the first reform proposal.
5 June 2025
The Council (national governments) sets its common position — proposing to raise delay thresholds and cut compensation.
21 January 2026
The European Parliament adopts its own position, defending the 3-hour threshold.
15-16 June 2026
Parliament and Council reach a political agreement in the conciliation phase.
7 July 2026
Parliament's plenary ratifies the agreement: 646 votes in favour.
August 2026 (expected)
Formal adoption by the Council.
+20 days from Official Journal publication
Entry into force — with a further year for airlines to fully adapt.

What doesn't change — and why that's the real story

Most headlines have focused on hand luggage. But if you have a cancelled or delayed flight, this is what actually matters to you:

Compensation amounts stay exactly the same. €250 for flights up to 1,500 km, €400 for intra-EU flights over 1,500 km (or any flight of 1,500-3,500 km outside the EU), and €600 for longer flights. The 3-hour arrival delay threshold is also unchanged.

That wasn't the obvious outcome. The Council's initial position proposed raising the threshold to 4-6 hours depending on distance, with amounts cut to roughly €300 for short/medium haul and €500 for long haul. Consumer groups estimated that change would have stripped compensation rights from somewhere between 60% and 85% of the delays that currently qualify. Parliament held its ground, and that proposal didn't make it into the final text.

What does change

Hand luggage included by default

Tickets must show the final price — including one small personal item (a bag or small backpack) — from the very first step of booking. Budget airlines can still sell cheaper fares for travelling without it, but they can no longer hide that cost until the end of checkout.

Children seated free with their parents

Airlines can no longer charge a surcharge to seat children under 14 next to an accompanying adult. The same guarantee extends to people with disabilities, reduced mobility, and pregnant women.

Stronger assistance rights

Drinks every two hours of waiting, meals after three hours, and — for long delays that are the airline's fault — hotel accommodation for up to three nights.

A simplified 50% reduction

When an airline offers a replacement flight, it can halve the compensation if the final delay stays under a certain threshold. That threshold used to vary by distance (2, 3 or 4 hours); it's now unified at a single four-hour cutoff across the board.

Clearer deadlines

Airlines will have 30 days to pay compensation or to claim — and justify in detail — extraordinary circumstances. Passengers will be able to submit a claim up to 9 months after the incident.

Digital boarding passes

Airlines can no longer deny boarding to a passenger presenting a printed copy of a digital boarding pass.

Extraordinary circumstances, more precisely defined

The list is still open, but more precise. It's now clarified that these circumstances can only be invoked if they affect the specific flight, or one of the three previous flights in the aircraft's rotation, and that there must be a direct causal link to the cancellation or delay. Routine technical faults and certain strikes by an airline's own staff generally still don't count as extraordinary circumstances — no matter how often some carriers claim otherwise.

What this means for you, right now

The reform isn't in force yet. It still needs formal adoption by the Council (expected early August 2026) and publication in the Official Journal, after which airlines get a further year to adapt their procedures.

But there's nothing to wait for. If your flight has already been cancelled or delayed, today's Regulation (EC) 261/2004 gives you exactly the same compensation right the reform preserves — so claiming now or claiming in a year gets you the same amount. The sooner you claim, the sooner you get paid.

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Frequently asked questions

Do I have to wait for the reform to take effect before claiming?

No. The reform keeps the same amounts as today's law, so you can claim right now under the current Regulation — there's nothing to wait for.

Does the reform change my compensation amount?

No. The €250 / €400 / €600 bands stay exactly the same, as does the 3-hour delay threshold.

When does the reform take effect?

The Council is expected to formally adopt it in August 2026. It enters into force 20 days after publication in the EU Official Journal, with airlines getting a further year to adapt.

What about a flight that was already cancelled or delayed before the reform?

It's governed by today's Regulation, with the same amounts the reform preserves. There's no practical difference in the amount whether you claim before or after it takes effect.

Does this apply across the whole EU?

Yes. It's a directly applicable EU regulation, identical across all 27 member states, plus Iceland, Norway and Switzerland. The UK retains an equivalent regime after Brexit.

Sources: consolidated text of Regulation (EC) No 261/2004 (EU Official Journal); coverage of the European Parliament plenary vote of 7 July 2026; European Commission documentation on the Regulation's revision. This article will be updated once the Council formally adopts the text and it is published in the Official Journal.