Aviation /

Compensation for delayed flights: Groundbreaking EU law reform coming in 2026

Higher delay threshold qualifying for compensation

The new regulations stipulate that passengers will only be entitled to compensation if:

  • a flight within the EU or a short-haul flight is delayed by at least 4 hours,
  • a long-haul flight is delayed by at least 6 hours.

This change will eliminate thousands of cases that currently end up in court and with debt collection agencies.

Shortened deadline for filing a claim- only 6 months

Until now, passengers could pursue their claims for up to several years. After the changes, only six months from the date of the incident. This is a huge blow to the mass claims industry model.

Until now, passengers could pursue their claims for up to several years. After the changes, only six months from the date of the incident. This is a huge blow to the mass claims industry model.

Expansion of the list of “extraordinary circumstances”

This is the most important change. The carrier will not be required to pay compensation if the delay was caused by:

  • sudden illness of a crew member,
  • minor technical faults that are difficult to detect.

These are cases in which courts have so far ordered the payment of benefits. The reform may completely change this situation- even before the summer of 2026.

What does this mean for the market?

For airlines:

  • The possibility of significantly reducing costs related to claims.
  • The need to update the complaint policy.

For litigation funds and compensation companies:

  • A radical change in profitability.
  • the need for rapid analysis of a new operating model.

For airlines: The possibility of significantly reducing costs related to claims. The need to update the complaint policy. For litigation funds and compensation companies: A radical change in profitability. the need for rapid analysis of a new operating model.

It’s worth getting ready now!

If you operate in the aviation industry, handle passenger claims, or finance litigation, don’t wait for the regulations to be published. Contact our team to find out how the changes may affect your business model and how to prepare for them.

EU law reform coming in 2026

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Author team leader D&P Legal Michał Szczepaniak
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