Regulation (EU) 2026/2202 of the European Parliament and of the Council of 16 September 2026 was published in the Official Journal of the European Union on 2.10.2026. It amends Regulation (EC) No 261/2004 on compensation and assistance to passengers in the event of denied boarding, flight cancellation or long delay, as well as Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage.

The measure, the result of a multi-year negotiation, incorporates the case law of the Court of Justice developed on the application of Regulation 261/2004 and strengthens passenger protections, while seeking to maintain a balance with the competitiveness needs of EU air carriers.

Among the main innovations, a regulatory definition of “extraordinary circumstances” beyond the carrier’s control is introduced for the first time, accompanied by a non-exhaustive list of recognised cases (which includes, among others, natural disasters, adverse weather conditions, wars and insurrections, serious cross-border health threats, unruly passengers, acts of sabotage or terrorism, hidden manufacturing defects, and air traffic management restrictions), together with an obligation on the carrier to provide the passenger with a clear and reasoned explanation when invoking them to exclude financial compensation.

In addition, the scope of the concept of “denied boarding” is clarified, and a prohibition is introduced on denying boarding on the return flight, or charging additional costs, merely because the passenger did not use one or more flights on the outbound route.

In the event of cancellation, passengers will be entitled to choose between reimbursement, re-routing or travel at a later date. They may instead opt for a voucher of equivalent value, with any unused balance automatically refunded upon expiry.

In cases of re-routing, the carrier must also offer the passenger alternative options — at different airports, via another route, or with other carriers/means of transport — where this would enable an earlier arrival at the final destination, ensuring, as far as possible, the carriage of baggage.

Furthermore, in line with the Sturgeon case law, the right to financial compensation for long delays is expressly codified, with a three-hour threshold applying to all flights.

Other interesting rules in favour of passengers concern boarding passes, to which a specific article of the Regulation is dedicated, as well as the free carriage of passengers’ personal items and the fees for checked baggage.

The Regulation enters into force on the twentieth day following its publication in the Official Journal and will apply from 23 October 2027, being binding in its entirety and directly applicable in each Member State.