Introduction
Summer marks the peak season for air traffic. In July and August 2025, over three million passengers travelled through Zurich Airport monthly. This year, travellers will again face delays and cancellations. Such disruptions raise complex legal questions regarding liability and passenger compensation claims.
The EU Air Passenger Rights Regulation (EC No 261/2004; "Air Passenger Rights Regulation") governs passenger rights during flight cancellations, delays, or denied boarding. A revised version will enter into force by summer 2027 at the earliest. The European Parliament and Council emphasize that this revision introduces balanced updates for both passengers and airlines: It maintains a high standard of passenger protection, while considering the financial impact on air carriers. This article outlines the key changes and their implications for airlines and passengers.
Changes introduced by the revised Air Passenger Rights Regulation
The European Commission initiated the revision in 2013, to clarify the legal framework and enhance user-friendliness. Ambiguous wording in the previous text had caused divergent interpretations among EU Member States. The resulting litigation meant that case law of the Court of Justice of the European Union (CJEU) has significantly shaped the Regulation's interpretation to date.
The revision clarifies when airlines do not owe compensation to passengers for cancellations. Previously, "extraordinary circumstances" exempted airlines from this obligation (Art. 5 para. 3 of the Air Passenger Rights Regulation). The revised Regulation now legally defines this term as circumstances which, by their nature or origin, do not form part of the air carrier's normal activity and lie beyond its actual control (Art. 2(m) of the revised Air Passenger Rights Regulation). To ensure clarity, a new annex lists examples of such circumstances, including natural disasters, specific security risks, and technical problems outside normal flight operations (Annex 1 point 1 of the revised Air Passenger Rights Regulation).
The revised regulation obliges airlines to proactively inform passengers of their rights during delays or cancellations. Specifically, airlines must inform affected passengers within four days about "their rights and the procedure for claiming compensation".
Flat-rate compensation payments for flight cancellations or delays of three hours or more remain unchanged; a proposal to increase the minimum delay to five hours failed. Passengers remain entitled to EUR 250 for routes up to 1,500 km, EUR 400 for routes between 1,500 and 3,500 km, and EUR 600 for routes over 3,500 km.
In the future, passengers may book a replacement onward journey independently at the airline's expense if the airline fails to offer an alternative connection within three hours of cancellation. Alternative offers include rail travel or flights with other airlines. Airlines must reimburse these self-routingcosts within 14 days, capped at four times the original ticket price. Although airlines lose cost control over alternative transport, the cap provides some financial predictability.
Currently, airlines sometimes apply no-show policies to round-trip bookings: passengers who miss the outbound flight usually lose their right to the return. The revised regulation will seek to prohibit this practice.
The revision also regulates family seating: airlines must seat children under 14 next to their parents at no extra charge. While this relieves families financially, it complicates seat allocation for airlines and reduces reservation revenues.
Previously, airlines usually permitted passengers to carry one personal item and one piece of cabin baggage, often charging an additional fee for the latter. Under the new rules, airlines must include the cabin baggage fee in the standard ticket price. However, airlines may still offer discounted fares for flights explicitly excluding cabin baggage. This transparency enables passengers to compare prices more easily across booking platforms and airline websites. Furthermore, the revision harmonizes the minimum size of personal items to 40 x 20 x 15cm, though it does not prescribe a minimum size or weight for cabin baggage. While this regulation restricts airlines' commercial freedom, they retain some pricing flexibility through the option to offer fares without cabin baggage.
Why does the Air Passenger Rights Regulation apply to Switzerland in addition to the EU?
Under the bilateral air transport agreement with the EU, the Air Passenger Rights Regulation applies directly in Switzerland. Travelers experiencing flight disruptions can therefore invoke these rights directly. This harmonization of Swiss and EU passenger rights ensures comparable assistance, care, and compensation at airports across both jurisdictions.
Next steps for Switzerland's adoption of the revision
The European Parliament and the Council of the EU reached a landmark political agreement on the revision in June 2026. The European Parliament adopted the revision on 7 July 2026. The EU will publish the amendment soon in its Official Journal, and the revised rules will enter into force twelve months later. For Switzerland, the new version will apply only after the Federal Council decides to include it in the annex to the Swiss-EU bilateral air transport agreement, which, however, is highly likely.
Conclusion
The new regulation significantly strengthens passenger rights. For instance, banning "no-show clauses" increases travel flexibility, while guaranteeing free-of-charge adjacent seating for families provides direct financial relief. Furthermore, the airlines' proactive duty to inform empowers travellers to understand and enforce their rights more effectively.
For airlines, the outcome is mixed. A more concrete definition of "extraordinary circumstances" clarifies when airlines must compensate passengers for flight disruptions, which should reduce costly legal disputes. Conversely, the regulation significantly restricts airlines' commercial freedom. Banning "no-show clauses", mandating specific seat allocations, and requiring ticket prices to include hand luggage fees limit pricing flexibility and will likely eliminate key ancillary revenues.
Overall, the revision aims to minimize friction between airlines and passengers through clearer rules. To ensure compliance, airlines must promptly adapt their internal processes, particularly regarding tariff structures and operational management during flight cancellations or delays.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]
