Changes to the Air Regulation will lead to unreasonable deterioration of your rights

The EU Mobility and Transport Commission is currently working intensively on a proposal to amend the Aviation Regulation (Regulation 261/2004).

Today, together with lawyer Benedikte Bolvig Lund (Flyhjælp), I was invited to a meeting at Christiansborg to discuss how we can avoid deterioration of air passengers’ rights in case of cancellation, delay and denied boarding.

The meeting was very constructive and we are now continuing the fight – for continued flight compensation after 3 hours, but also for you to receive appropriate care when you are stranded at the airport. For example, you should have the right to food and a bed to sleep in if you have to wait longer to reach your destination.

And it should be easier for you to get a refund on your flight tickets, even if you bought them from a ticket broker such as Flybillet.dk or Travellink (you can read more about the current legal position here

In addition, we fight for internal strikes not to be an “extraordinary circumstance” that entitles airlines to deny your compensation claim.

Almost 2/3 of all cancellations and delays are caused by the airlines themselves – up to 25% due to staff shortages or staff-related issues. Just think of the numerous and lengthy cabin crew strikes at Ryanair in 2017 and 2018 and the pilot strike at SAS in the summer of 2022. We believe that it is within the airlines’ control to ensure their employees have decent pay and working conditions so that strikes can be avoided.

For the same reason, we are also fighting alongside Dansk Metal, a union for pilots, cabin crew and skilled workers in the aviation industry, who also believe that making internal strikes an “exceptional circumstance” is contrary to the Danish model. A change as proposed is not only detrimental to air passengers, but – to a large extent – also to airline employees.

The airline industry is expected to realize a profit of over USD 1 trillion this year, so it has the financial shoulders to both prevent cancellations and delays, but also to take good care of you when cancellations or delays do occur.

It would be a serious legislative mistake to adopt a proposal for a new regulation for air passengers that is so underexposed:

Among other things, we have pointed out that the socio-economic perspectives of the proposal from the European Commission have not been calculated at all, despite the fact that airline cancellations and delays cost society up to USD 67.5 billion globally every year.

We are therefore also puzzled by the fact that things suddenly have to move so quickly in the EU and that passengers – almost “overnight” – are to lose their rights.

The Council held the first debate on the proposal to amend the Aviation Regulation as early as October 10, 2013, and on February 5, 2014, the European Parliament adopted its position on the proposal at first reading. Work on the amendments was then at a standstill until 2019.

However, in 2019, the Finnish Presidency resumed discussions on the proposal and the European Parliament reaffirmed its position. At the beginning of 2020, the Croatian Presidency made some new compromise proposals with the aim of reaching a general approach in the Council, but this did not succeed. In 2024, work on the Aircraft Regulation resumed again – work that the Polish Presidency now intends to complete “overnight”, even without the involvement of the European Parliament, if they can get away with it.

In Denmark, Flypenge, Flyhjælp, Flightright, Travelrefund, Flyadvokaten and PERSSON law firm are working together to secure your rights.

Together we make up Denmark’s best and most experienced team!

On Wednesday, April 28, 2025, a meeting of the European Parliament Committee will be held at Christiansborg. Here, the Minister of Transport will receive a mandate for further discussions in the EU Transport Council on June 5, 2025.

You can stay updated here in the blog.