Spain, Germany, Slovenia, and Portugal Outraged Over EU’s Explosive New Flight Delay Compensation Shake-Up and Draconian Hand Luggage Rules

Wednesday, June 11, 2025

Spain, Germany, Slovenia, and Portugal have strongly objected to the EU’s explosive new airline reforms on the basis that proposed alterations to delay compensation and carry-on bag rules severely curtail passenger rights. The new rules will increase the minimum delay level triggering compensation payments and enable airlines to charge extra for most items of hand baggage, fueling concerns that tens of millions of passengers will receive fewer protections and pay more while airlines receive greater profit benefits.

In a move that has sparked sharp opposition from several European nations, the Council of Europe has endorsed sweeping changes to airline passenger rights, fundamentally altering compensation thresholds for flight delays and redefining hand luggage allowances for travelers across the European Union. These proposals, if ultimately approved by the European Parliament, could significantly impact millions of travelers across Europe, especially in countries like Spain, Germany, Slovenia, and Portugal, whose governments have strongly opposed the new rules.

EU Moves Ahead with Long-Delayed Aviation Reform

After more than thirteen years of stalled negotiations and political debate, the Council of Europe has finally reached a qualified majority on two major legislative packages governing commercial air travel. These include substantial modifications to the rules regulating flight delay compensation and a controversial overhaul of baggage allowance policies.

The Council’s decisions are positioned as part of a broader European Commission agenda to modernize aviation consumer rights, balance airline operations with consumer protections, and align regulations across EU member states. However, these proposed reforms have triggered widespread criticism, especially from consumer advocacy groups and several national governments who argue that the new rules heavily favor airlines at the expense of passengers.

Raised Delay Thresholds for Flight Compensation Spark Consumer Backlash

One of the most significant changes adopted by the Council of Europe involves increasing the minimum delay times that qualify passengers for compensation. Under current EU law, passengers are entitled to compensation if their short-haul flight (less than 1,500 kilometers) is delayed by at least three hours. For long-haul flights (more than 3,500 kilometers), compensation kicks in after delays of four or more hours.

The newly proposed regulation would move these thresholds further. Short-haul flight delays would now require a minimum delay of four hours for eligibility, while long-haul flights would see the threshold rise to six hours.

While the Council has sought to soften the impact of these higher thresholds by slightly increasing the compensation amounts for short-haul delays from two hundred and fifty euros to three hundred euros, the overall compensation for long-haul delays will actually decrease, dropping from six hundred euros to five hundred euros.

This complex recalibration of delay compensation has been sharply criticized by consumer groups across the continent. The European Consumer Organisation (BEUC) has described the move as a significant erosion of passenger rights, warning that most flight delays typically fall between two and four hours — precisely the window that would no longer be eligible for payouts under the revised system.

According to the BEUC, “The majority of affected passengers will now be excluded from compensation eligibility, while airlines will face far fewer financial penalties for operational disruptions.”

Impact on British Travelers Despite Brexit

Although the United Kingdom no longer participates directly in EU aviation policy following Brexit, British travelers will not be entirely shielded from these rule changes. The new regulations will apply to any passenger traveling into or out of the EU on a European carrier, regardless of the traveler’s nationality.

This means that British passengers flying on EU airlines — such as Lufthansa, Air France, Iberia, or TAP Air Portugal — could find themselves subject to these new compensation thresholds, even when departing from or returning to the UK.

Travel industry experts have warned that this could leave many UK travelers surprised and frustrated, especially since UK law currently preserves the original EU261 compensation framework, which offers more favorable terms for passengers experiencing delays.

Restrictive New Hand Luggage Policy Draws Widespread Condemnation

Perhaps even more controversial than the flight delay compensation reforms is the Council’s decision to redefine the scope of free hand luggage allowed on board. Under the new regulations, airlines will only be required to allow passengers to carry one “personal item” that can be stowed beneath the seat in front of them — typically a small bag or briefcase.

Larger cabin bags traditionally stored in the overhead compartments would no longer be guaranteed as part of a free allowance. Instead, airlines would be permitted to impose additional fees for these carry-on items, further increasing the cost of flying for many passengers.

The Council’s proposal does outline specific dimensions for the permitted personal item — 40 centimeters wide, 30 centimeters high, and 15 centimeters deep. This shift in policy would not only reduce the depth compared to existing guidelines but could also open the door for airlines to monetize nearly all hand luggage carried into the cabin.

Opposition from Spain, Germany, Slovenia, and Portugal

The backlash against these hand luggage reforms has been particularly fierce among several EU member states, with Spain, Germany, Slovenia, and Portugal leading the charge against the Council’s decision. All four countries voted against the proposal during the Council’s qualified majority vote, arguing that the reforms would strip away essential consumer protections while disproportionately benefiting airline profits.

Spain’s government has been especially vocal, characterizing the rules as “excessively restrictive.” Spanish officials have emphasized that the decision risks forcing passengers to pay surcharges for items that were once considered basic necessities of air travel, such as small carry-on suitcases.

Germany and Portugal echoed similar concerns, warning that the proposal undermines fair consumer treatment and empowers airlines to aggressively monetize services that passengers previously took for granted.

Slovenia joined its Southern and Western European counterparts in opposing the changes, cautioning that the policy could set a dangerous precedent for future aviation regulations across the European Union.

Potential Impact on Budget Airlines Like Ryanair

If implemented, these new hand luggage rules could have profound implications for low-cost carriers such as Ryanair, which have long built their business models around restrictive but clearly defined cabin baggage policies.

Currently, Ryanair permits passengers to bring one small personal bag — measuring no larger than forty by twenty by twenty-five centimeters — free of charge, provided it fits beneath the seat. Under the EU’s new guidelines, airlines would be obligated to allow slightly larger bags at forty by thirty by fifteen centimeters.

While this would offer passengers a bit more width for their personal items, the ten-centimeter reduction in depth could effectively reduce the amount of usable storage space, especially for laptops, backpacks, or travel bags that are designed to fit Ryanair’s existing dimensions.

In practice, Ryanair — and other budget carriers — may respond by recalibrating their policies to continue maximizing ancillary revenue while remaining technically compliant with EU regulations.

Industry Support vs. Consumer Alarm

The airline industry has largely welcomed the Council’s decisions, emphasizing the importance of predictability, regulatory harmonization, and operational flexibility. Airline associations have argued that excessively generous compensation requirements create unsustainable financial burdens on carriers, especially when delays result from factors outside airline control, such as air traffic control strikes or extreme weather events.

By contrast, consumer advocacy organizations have strongly condemned the Council’s decisions as deeply unfavorable to passengers. The European Consumer Organisation and various advocacy groups have criticized EU authorities for prioritizing airline interests over the rights and protections of everyday passengers.

The Road Ahead: European Parliament’s Crucial Role

Although the Council of Europe has adopted these changes, they do not yet have the force of law. The next critical step will involve scrutiny by the European Parliament, which must approve the legislation before it takes effect across the EU’s twenty-seven member states.

Already, some members of the European Parliament have indicated that they may seek to amend or block portions of the Council’s proposal. With consumer groups mobilizing their supporters and several national governments expressing strong opposition, the upcoming parliamentary debate is expected to be both intense and highly politicized.

Observers note that the European Parliament has historically taken a more consumer-friendly stance on aviation matters, raising hopes that at least some of the more unpopular provisions — particularly the restrictive baggage allowances — could be modified or reversed.

Long-Term Implications for European Air Travel

If fully enacted, the Council’s proposals would represent one of the most significant rewrites of European air passenger rights since the passage of the landmark EU261 regulation two decades ago.

For travelers, the new rules could dramatically alter the economics of flying in Europe, with passengers facing fewer options for compensation when flights are delayed and potentially higher costs for bringing basic carry-on luggage.

For airlines, however, the proposed rules offer an opportunity to reduce exposure to compensation payouts and expand ancillary revenue streams tied to baggage fees and other optional services.

The debate ultimately reflects broader tensions within Europe’s aviation sector — balancing the financial sustainability of airlines against the need to safeguard basic consumer protections for the flying public.

Growing Regional Divide Within the EU

Perhaps most notably, the Council’s vote has exposed growing regional divisions within the EU over the direction of aviation policy. Southern and Western European nations such as Spain, Portugal, Germany, and Slovenia are increasingly aligned in pushing back against what they see as deregulation that disproportionately favors corporate interests.

Meanwhile, a majority of other EU member states have supported the Council’s decision, reflecting differing priorities within Europe’s diverse political and economic landscape.

This split may foreshadow future political clashes within the EU over how aggressively the bloc should seek to liberalize aviation markets and to what extent passengers should retain legal safeguards in the face of rising commercial pressures.

A Pivotal Moment for European Air Travel Rights

The Council of Europe’s proposed revisions to airline passenger compensation and baggage allowances have triggered fierce resistance from multiple EU nations and advocacy groups, setting the stage for a high-stakes battle in the European Parliament.

Spain, Germany, Slovenia, and Portugal were upset as the EU moved ahead with sweeping new regulations reducing flight delay compensation and allowing airlines to begin charging for nearly all hand baggage, fueling fears about eroded passenger rights and increased fares.

While Spain, Germany, Slovenia, and Portugal remain at the forefront of resistance, countless travelers throughout Europe anxiously await the verdict, fearing the long-term impact these sweeping changes may have on the future of air travel across the continent.