In short: the amendment was published in the Official Journal of the EU on 2 October 2026 as Regulation (EU) 2026/2202, and it applies from 23 October 2027. The 3-hour threshold and €250 / €400 / €600 stay. New features include: airlines must tell you about your right to compensation within 96 hours and pay or give reasons within 30 days – but you will have to claim within 9 months. Until then, the current rules apply to every flight.
How it came about
- 2013: the European Commission proposes amending Regulation 261/2004. The proposal is stuck in the Council for more than a decade.
- 5 June 2025: political agreement in the Council, proposing 4- and 6-hour thresholds and amounts of €300 and €500, formally adopted as the Council's first-reading position on 29 September 2025.
- 21 January 2026: the European Parliament votes at second reading to keep the 3-hour threshold.
- 24 March 2026: the Council does not accept Parliament's amendments – conciliation follows.
- 15 June 2026: the conciliation committee agrees a joint text: the 3 hours stay.
- 7 and 13 July 2026: adopted by Parliament at third reading, then by the Council.
- 2 October 2026: published in the Official Journal; 22 October: entry into force; 23 October 2027: start of application.
What changes?
| Area | Now (2004 regulation) | From 23 October 2027 |
|---|---|---|
| Information about compensation | The airline must hand out a written notice on compensation and assistance rules (Article 14(2)), but there is no individual information or deadline | Within 96 hours of the end of the journey, the airline informs you electronically of your right and how to claim (Article 7(4)) |
| Deadline for claiming | National limitation periods (e.g. 3 years in Germany, 5 years in Hungary) | Claims must be submitted within 9 months of the actual departure (Article 7(9)) |
| Airline's response | No deadline | Immediate acknowledgement, then payment within 30 calendar days or an explanation of why not (Article 7(9)). The airline must name the extraordinary circumstance it relies on; it may ask a claims agency for proof of its mandate. |
| Cause of the disruption | No specific requirement | The reason for the delay or cancellation must be given without undue delay (Articles 5 and 6) |
| Extraordinary circumstances | Case law | A list in an annex to the regulation – not exhaustive; the airline must prove the causal link and the reasonable measures taken (Article 6c) |
| €600 band | Can be halved for delays of 3–4 hours (long non-EU journeys) | Can be halved if the passenger reaches the destination no more than 4 hours late and the conditions are met (Article 7(2)) |
| Re-routing | "At the earliest opportunity" | If you have told the airline you want to continue (after a cancellation, denied boarding or missed connection) and it offers no rerouting under comparable conditions within 3 hours (for a cancellation, counted from the scheduled departure time), you may book it yourself. Necessary and reasonable costs are reimbursed up to 400% of the full ticket price, within 14 days (Article 8(3)). |
| Care | From 2 / 3 / 4 hours depending on distance | Refreshments every 2 hours, a meal after 3 hours and then every 5 hours (max. 3 meals a day), internet access and two calls (Article 9(1)); but in extraordinary circumstances the airline may limit hotel accommodation to 3 nights (Article 9(6)) |
| Waiting on board (tarmac delay) | Not regulated | After 2 hours on the tarmac at an EU airport, the aircraft must return to a gate or other point where passengers can disembark, unless safety, security, immigration or air traffic control reasons prevent it. During the wait: heating or cooling, free toilets, drinking water where possible, and real-time updates (Article 6a). |
| Personal item in the cabin | Airline's own rules | One personal item free of charge: within 40 × 30 × 15 cm, or any item that fits under the seat in front (Articles 2(ah), 11a). Hand baggage must be allowed subject to cabin space, but it may still be charged; fares including it must be shown by default. |
| Seating children | Not regulated | An adult accompanying a child under 14 must be offered a free adjacent seat; if none is available, the airline must try to find one (Article 11(4)) |
| Complaints to the airline | No uniform deadline | Within 12 months of the flight, or 3 months after your compensation request if later; acknowledgement within 7 working days; reply within 1 month, or within 2 months in justified cases (Article 15a) |
| Refunds | Within 7 days if you choose a refund (Article 8(1)(a)) | Automatic refund within 7 calendar days of your choice, without a separate request; up to 30 days if the airport activates its contingency plan (Article 8(1)(a)) |
| Payment method | Cash, bank transfer, bank order or cheque; vouchers only with your signed agreement (Article 7(3)) | Compensation by bank transfer unless you agree otherwise; vouchers only with your explicit consent (Articles 7(7), 8a) |
| Missed connections | Case law (Folkerts, C-11/11: delay counted at the final destination) | On a single booking, the airline operating the disrupted flight must reroute you and provide care; compensation is due if you reach your final destination more than 3 hours late, and a refund must also be offered if you cannot be rerouted within 5 hours (Article 6b) |
| Denied boarding | Compensation immediately (Article 4(3)) | Compensation without undue delay and at the latest within 7 calendar days (Article 4(4)) |
| No-show rule | Not regulated | Airlines may not deny boarding on, or charge a fee for, the return journey on the same booking because you did not take the outbound journey (Article 4(5)) |
| Name correction | Airline's own rules | Spelling mistakes in a name (or an administrative name change) corrected free of charge at least once, if requested at least 48 hours before departure; this is not a transfer of the ticket to someone else (Article 12a) |
| Downgrading | Refund of 30 / 50 / 75% of the price within 7 days (Article 10(2)) | Automatic refund of at least 30 / 50 / 75% of the flight price within 14 calendar days of the downgrading (Article 10(2)) |
What stays the same?
- The 3-hour arrival delay threshold.
- The €250 / €400 / €600 amounts and the distance bands.
- The 14-day notice rule for cancellations stays. The short-notice exemptions are simplified: with less than 14 days' notice, no compensation is due only if you are offered rerouting departing no more than 1 hour early and arriving less than 2 hours late (Article 5(5)). A departure brought forward by more than 1 hour now counts as a cancellation.
- The territorial scope: flights departing from the EU, and flights by EU airlines arriving in the EU.
The reform is EU legislation and does not by itself change UK261, which continues to cover flights departing from the UK.
When does it apply?
The regulation entered into force on 22 October 2026 but gives airlines time to prepare: the new rules apply from 23 October 2027. Until then – and for flights before that date – the 2004 regulation and the case law of the Court of Justice of the EU apply. The regulation has no transitional provision; it applies from 23 October 2027, so flights before that date are expected to stay under the current rules.
What to do now
Nothing has changed about your current entitlement: anyone whose flight arrived at least 3 hours late in recent years, whose flight was cancelled, or who was denied boarding is just as entitled today. For older flights, national limitation periods still apply – but for flights after October 2027 you will have to claim within 9 months. If you have a pending case, deal with it now: use our complaint letter template, or hand it to a claims agency.
Frequently asked questions
Is it true that the delay threshold has been raised to 4 or 6 hours?
No. That was proposed in the Council's 2025 position, but in the final regulation the threshold remains an arrival delay of 3 hours (Article 6(4)). The 2025 news reports were about the proposal, not the final rules.
Are the compensation amounts changing?
No: €250 for flights up to 1,500 km, €400 for flights within the EU over 1,500 km and for other flights of 1,500–3,500 km, and €600 for all other flights. What is new is that the airline may halve the €600 amount if the passenger reaches the destination no more than 4 hours late and the conditions set out in the regulation are met.
Which rules apply to my flight now, or to a flight before October 2027?
The 2004 regulation and the case law of the Court of Justice of the EU – the new rules apply from 23 October 2027. For older flights, the national limitation periods continue to apply.
Will I really only have 9 months to claim?
Once the new rules apply, compensation claims must be submitted to the airline within 9 months of the actual departure (Article 7(9)). This does not apply to earlier flights – but it is still best not to put it off.
Will airlines have to send a pre-filled compensation form?
The regulation does not require a pre-filled form. The airline must, however, inform passengers electronically of their right to compensation within 96 hours of the end of the journey, and give clear instructions on how to submit a claim (Article 7(4)).
Sources: Regulation (EU) 2026/2202, EUR-Lex; European Parliament, Legislative Observatory – 2013/0072(COD); Council press release, 15 June 2026; on the date of application: Regulation (EU) 2026/2202, Article 3. Status: 10 November 2026. For information only, not legal advice.