Transport. Air passenger rights revised downwards? The EU Council will decide this Thursday.

They couldn't do it ten years ago, but will they do it today? Transport ministers from the 27 member states are meeting in Luxembourg this Thursday to agree on a revision of Regulation (EC) 261/2004, which governs air passenger rights in the European Union .

It was Poland, currently chairing the Council of the European Union, that brought this old issue out of the closet. Airlines had long been pushing to clarify this regulation and adapt it to the case law of the Court of Justice of the EU. Free cabin baggage , seats for children, the disabled, and pregnant women... This revision would introduce 31 new rights for passengers, according to Warsaw. But it is above all the reduction in compensation in the event of flight delays or cancellations that is the subject of debate.

Fewer eligible flights (and less money at stake)

Today, a flight cancelled or delayed for more than three hours entitles you to compensation ( 250 euros for flights of up to 1,500 km; 400 euros for flights of at least 1,500 km; 600 euros for flights of at least 3,500 km), except in extraordinary circumstances (air traffic controller strike, weather conditions, etc.).

Poland originally proposed increasing the thresholds for compensable delays to five hours (for flights of 1,500 to 3,500 km) and nine hours (for flights over 3,500 km). This was done while modifying the amount of compensation (€300 for flights of up to 3,500 km; €500 for flights of at least 3,500 km). This suggestion has caused a stir among consumer protection associations and specialist debt collection agencies. One of them, Flightright, denounces this as "a cosmetic reform" that "would represent a clear step backward for users."

The company assures that with these new rules, 75% to 85% of passengers would no longer be able to claim financial compensation in the event of a delay or cancellation. Airlines for Europe (A4E), the association representing airlines in Brussels, estimates that 70% of canceled flights could be "saved" if the compensation thresholds were raised. Faced with reservations from several countries, including Germany and Spain, Warsaw finally agreed to raise these thresholds to four or six hours depending on the flight's distance. This concession was not considered sufficient.

The cabin suitcase may still be chargeable

Poland reached another compromise on June 2, according to Contexte , on another sticking point: extraordinary circumstances that exempt airlines from compensating passengers. It proposes that only circumstances " incompatible with flight safety" be taken into account.

Enough to convince other member states? Flightright, in any case, remains skeptical: "Extending delay thresholds and lowering compensation without real compensation cannot be offset by "rights" already in place or disconnected from passenger expectations." And the company cites the case of cabin baggage. In short, the Polish compromise of June 2 plans to impose free small bags, but not cabin suitcases... while most airlines, even low-cost ones , already apply this rule.

Another detail, which could have major consequences: in the text to be examined this Thursday, trips to French overseas territories are considered, by default, as trips of less than 3,500 km. A canceled flight to or from overseas would therefore only entitle the person to 300 euros in compensation, half the current figure.