On 15 June 2026, the Council of the European Union and the European Parliament announced that they had reached a provisional agreement to update the EU regulation on air passenger rights.
This is the first update to the EU air passenger rights rules introduced in 2004 under Regulation (EC) No 261/2004 on air passenger rights.
The agreement follows negotiations lasting more than a decade and sets out operational rules regarding airlines’ obligations in relation to compensation for delayed or cancelled flights, assistance to passengers whose flights are delayed or cancelled, passenger information obligations, the handling of passengers’ compensation claims, and the obligation to provide re-routing for passengers whose flights are delayed or cancelled. Among other things:
- The agreement clarifies and expands the passenger’s right to compensation in the event of a flight cancellation or delay, and to assistance at the airport in delay circumstances;
- The agreement introduces new passenger rights, including a prohibition on airlines to deny boarding because the passenger did not take the outbound flight (a “no-show”); an obligation to display the default air fares as including allowance for a piece of hand baggage; and rights for passengers with specific needs, including, for example, a prohibition on charging an additional fee for seating an adult next to a child under the age of 14;
- The agreement expands airlines’ passenger information obligations and requires airlines to provide passengers with a free and effective means of communicating with the airline;
- The agreement establishes a right to rerouting, including to an alternative airport, by a different route, on another airline, and even by another mode of transport. In this context, the agreement also clarifies that if the airline does not provide an alternative route, passengers may make their own arrangements regarding an alternative route, and receive reimbursement of up to 400% of the original ticket price;
- The agreement also clarifies what constitutes “extraordinary circumstances” beyond the airline’s control, following which the airline is not required to pay monetary compensation. The agreement sets out a non-exhaustive list of such circumstances and clarifies that the burden is on the airline invoking an extraordinary circumstances claim, to explain them to the passenger in plain and clear language and to prove those circumstances, including by showing that it took all reasonable measures to avoid the disruption of the flight in the matter.
As a reminder — Passengers are generally not allowed to bring claims against airlines in Israeli courts based on causes of action set in the EU regulations (Class Action (Central District) 56458-11-19 Aviv Klein v. El Al Israel Airlines Ltd. (18 August 2020)).
However, the EU regulations served as a source of inspiration for the enactment of Israel’s Aviation Services Law and for its interpretation by the courts (Motion for Leave to Appeal (Civil) 17685-01-26 Arkia International (1981) Ltd. v. Lior Bondarevsky (4 June 2026)). It is therefore possible that the new rules may also affect regulation in Israel.
In addition, airlines operating flights within, to, or from Europe may be exposed to claims based on these rights before courts in EU Member States.
Accordingly, airlines are advised to review the implications of the emerging arrangement and to align their working procedures with the operational provisions set out above.
We would be pleased to assist in reviewing the implications of the arrangement, updating procedures, and providing legal advice as needed.
It should be noted that the agreement itself has not yet been published and remains subject to formal adoption following completion of the legislative procedures in the EU institutions in the coming weeks. The summary above is based on publications by the European Parliament and the Council of the European Union.
This publication is provided as a general service to the firm’s clients and friends and does not constitute a substitute for specific legal advice. We do not recommend taking action based on the information above without obtaining legal advice from qualified professionals, based on the specific facts and circumstances of each case.
