The EU's revised air passenger rules, Regulation (EU) 2026/2202, apply from 23 October 2027. The headline protections stay as they are: you can still claim after a 3-hour delay, and compensation stays at €250, €400 or €600. The biggest changes are about procedure. There's a new 9-month window to claim, and airlines get fixed deadlines for handling claims.
Below is what changes, what stays the same, and what you should do now.
Key takeaways
- The new rules apply from 23 October 2027. Disruptions before then are handled under the current Regulation 261/2004.
- The 3-hour delay threshold stays. The Council's proposal to raise it to 4 or 6 hours was dropped.
- Compensation stays at €250 / €400 / €600.
- A new 9-month window to submit your claim to the airline.
- Airlines must send claim instructions within 96 hours and pay or explain a refusal within 30 days.
- Airlines may ask claim agencies for proof that the passenger authorised them.
- On long-haul flights (over 3,500 km), compensation is halved for delays of 4 hours or less.
Why the rules were revised
Regulation 261/2004 has protected air passengers for two decades. Over that time, many of its key rules came from the Court of Justice rather than the text itself. That includes the right to compensation for long delays (Sturgeon, C-402/07) and the narrow reading of "extraordinary circumstances". The revision was meant to write that case law into the law and make claims handling more predictable.
Getting there took years. At one point the Council of the EU proposed raising the delay threshold to 4 hours on shorter flights and 6 hours on longer ones. That would have removed the right to compensation for many delays that qualify today. This proposal was not adopted. The final text keeps the 3-hour threshold.
What stays the same
The 3-hour threshold
You can still claim compensation when you reach your final destination 3 hours or more late, measured when the aircraft door opens (Germanwings, C-452/13).
The amounts
| Flight distance | Compensation |
|---|---|
| Up to 1,500 km | €250 |
| 1,500–3,500 km, or intra-EU over 1,500 km | €400 |
| Over 3,500 km | €600 |
Cancellations, denied boarding and care
The basics for cancellations and denied boarding stay in place. So does your right to care: meals, communication and, where needed, a hotel while you wait. For the current rules, see our pages on flight cancellation compensation and denied boarding compensation.
What changes
1. A 9-month claim window
Today there's no EU-wide deadline for claiming. National limitation periods apply, from about one year in some countries to six years in others. Our guide to claim deadlines by country lists them.
The new regulation adds a 9-month window for submitting your claim. In practice this means:
- You'll need to claim much sooner than many national rules allow today.
- Keep your booking confirmations and boarding passes handy, and submit soon after the disruption.
- Don't count on a multi-year national limitation period for disruptions that fall under the new rules.
2. Airlines must tell you how to claim within 96 hours
After a qualifying disruption, the airline must send you instructions on how to claim within 96 hours. You shouldn't have to search for the right form or email address anymore.
3. Airlines must pay or justify a refusal within 30 days
Once you submit a claim, the airline has 30 days to pay or explain why it refuses. That gives you a clear point to escalate if you hear nothing, to a national enforcement body, a dispute resolution scheme or a court.
4. Airlines may ask claim agencies for proof of mandate
If a claims service files for you, the airline may ask for proof that you authorised it. Reputable services already collect a signed authorisation when you start a claim, so for most passengers this changes little. It's meant to cut down on claims filed without the passenger's knowledge.
This is a different issue from assignment bans. In Eventmedia (C-11/23), the Court of Justice held that airline clauses banning passengers from assigning their claims to third parties can't be enforced against them. Proof of mandate is about showing you agreed. It doesn't let the airline refuse to deal with your representative.
5. Long-haul delays of up to 4 hours: half compensation
On flights over 3,500 km, compensation is halved for delays of 4 hours or less. A 3.5-hour delay on a €600 route pays €300. This largely writes into law the 50% reduction airlines already apply under current practice for long-haul delays of 3 to 4 hours.
Current rules vs 2027 rules at a glance
| Topic | Regulation 261/2004 (today) | Regulation (EU) 2026/2202 (from 23 Oct 2027) |
|---|---|---|
| Delay threshold | 3 hours | 3 hours |
| Amounts | €250 / €400 / €600 | €250 / €400 / €600 |
| Long-haul, delay 3–4h | 50% reduction possible | Halved for delays of 4h or less |
| Time limit to claim | National law (≈1–6 years) | 9-month claim window |
| Airline must send claim instructions | No fixed deadline | Within 96 hours |
| Airline must pay or refuse | No fixed deadline | Within 30 days |
| Proof of mandate for agencies | No specific rule | Airlines may request it |
Which rules apply to my flight?
As a rule of thumb, the date of the disruption decides. Flights before 23 October 2027 fall under the current regulation, including national limitation periods. That means older claims stay valid for as long as national law allows. If you were delayed in 2024 or 2025, you may still be in time today.
UK passengers: the UK isn't bound by the new EU regulation. UK261 continues to apply to flights departing the UK, and to flights arriving in the UK on a UK or EU carrier, unless and until the UK changes its own law. UK261 compensation is £220, £350 or £520.
What you should do now
- Check older flights. Disruptions under the current rules can often be claimed for years afterwards. Check your flight to see if you're still in time.
- Claim quickly after future disruptions. Get used to claiming within weeks, not years. The 9-month window will make speed matter.
- Keep your documents. Booking confirmations, boarding passes and airline messages are your evidence.
- Read the airline's instructions. From 2027, you should receive claim instructions within 96 hours. Save them.
- Know your options. You can claim yourself with our free claim letter tool or let us handle it. FlyClaims charges 20% including VAT with no legal surcharge, now and under the new rules. See pricing.
For a full overview of today's rules, read Flight delay compensation: the complete EU261 guide or visit our EU261 overview.
FAQ
Does the delay threshold go up to 4 or 5 hours in 2027?
No. The Council's proposal for a 4-hour or 6-hour threshold was dropped. The 3-hour threshold remains.
Will compensation amounts go down?
The amounts stay at €250, €400 and €600. The only reduction is the halving for long-haul flights (over 3,500 km) delayed by 4 hours or less.
My flight was delayed in 2025. Does the 9-month window apply?
The new rules apply from 23 October 2027. Disruptions before that date fall under Regulation 261/2004 and national limitation periods. Claim as soon as you can all the same.
Can I still use a claims company after 2027?
Yes. Airlines may ask the company to prove that you authorised it. A reputable service will already have your signed mandate.
Does the new regulation apply in the UK?
No. UK flights remain under UK261 unless the UK changes its own rules.