France: New Flight Delay Rule Faces Criticism – Mediation First

New regulations impacting flight delay compensation in Europe are set to take effect on February 7, 2026, introducing mandatory mediation for passengers seeking reimbursement for disruptions. While intended to alleviate congestion in European courts, consumer advocacy groups are raising concerns that the changes will create additional hurdles for travelers and potentially discourage legitimate claims.

A Shift Towards Mediation

Currently, passengers experiencing significant flight delays – those exceeding three hours – are often entitled to compensation under European Regulation 261. However, pursuing these claims can be a lengthy process, with disputes sometimes languishing in courts for up to three years, particularly near major airport hubs. The new decree, unveiled in August 2025, aims to address this backlog by requiring passengers to first engage in mediation with the Médiateur du Tourisme et du Voyage (Tourism and Travel Mediator) before initiating legal proceedings.

This mandatory mediation step could add up to six months to the resolution process. Following mediation, passengers must then formally pursue their claims through the courts, a process that now involves fees and the potential need for a judicial officer and legal representation – costs not previously required for claims under €5,000.

Concerns from Consumer Advocates

The consumer association UFC-Que Choisir has voiced strong criticism of the new regulations, arguing that they will disproportionately impact passengers seeking compensation. The association has formally requested the Council of State to review and potentially cancel the decree, claiming it “flouts the rights of passengers by now multiplying procedural obstacles.”

A key concern is the added financial burden on consumers. Initiating a court summons now requires engaging a court commissioner (formerly a “bailiff”), incurring average fees of around €100, including travel expenses. This effectively ends the option of a free legal route for many passengers, potentially discouraging them from pursuing valid claims.

UFC-Que Choisir argues that the reform “literally flouts the right of access to a judge” and is designed to “purely and simply discourage passengers from acting for the granting of compensation to which they are nevertheless entitled.” The Association of Passenger Rights Defenders (APRA), representing companies assisting passengers with claims, shares this view.

Broader Changes to Compensation Thresholds

The shift towards mediation is occurring alongside broader discussions about the levels of compensation offered for flight delays. Recent agreements among EU member states suggest a move to raise the thresholds for eligibility. Previously, passengers could claim up to €600 for delays exceeding three hours. New proposals indicate that passengers on intra-European flights will now need to experience delays of more than four hours to qualify for €300 in compensation. For longer journeys, exceeding 3,500 kilometers, compensation will increase to €500, but only after a delay of more than six hours.

These changes are intended to balance passenger rights with the economic realities faced by airlines. The complex legal landscape surrounding flight compensation has also fostered the growth of claims agencies, which the new regulations may aim to curtail.

Impact on Flights to Overseas Territories

Flights to overseas territories are being treated as intra-European flights for the purposes of these regulations, but delays on these routes will qualify for the long-haul compensation rates. Which means that passengers on these flights will be eligible for the higher compensation tiers based on the extended delay thresholds.

Navigating the New Landscape

The upcoming changes represent a significant shift in the process for seeking flight delay compensation in Europe. Passengers should be aware of the new mandatory mediation requirement and the associated costs of pursuing legal action. While the intention is to streamline the system and reduce court congestion, consumer advocates warn that the new rules could create additional barriers to accessing compensation to which passengers are legally entitled. The outcome of the UFC-Que Choisir’s challenge to the decree remains to be seen, and will likely shape the future of flight passenger rights in France and across Europe.

The decree 2025-772 of August 5, 2025, outlines these civil procedure rules, focusing on out-of-court settlements. Travelers should familiarize themselves with the role of the Médiateur du Tourisme et du Voyage as the first point of contact for resolving flight disruption claims.