France tightens reimbursement rules for flight delays or cancellations

New stricter rules on disputes over compensation for delayed and cancelled flights  are set to come into force tomorrow (February 7). 

The decree 2025-772 of August 5, 2025, was unveiled under the Bayrou government and “sets out civil procedure rules to improve how claims for compensation related to flight delays and cancellations are handled, with a focus on out-of-court settlements,” reads the official text, available on the legifrance website. 

This relates, for example, to situations where passengers seek compensation but airlines ignore the claim and/or refuse to pay (eg. where the airline claims it was not responsible as the situation was out of its control).

Current wait times for flight-related disputes can reach up to three years in courts located near major French airports, reports Le Figaro. The new measures aim to relieve congestion, though for travellers the procedure becomes more complex.

Previously, a passenger whose flight arrival time was delayed by at least three hours could take the case to court for free by filing a claim for disputes involving sums of less than €5,000.

Now, passengers will have to go through mandatory prior mediation with the Médiateur du Tourisme et du Voyage (Tourism and Travel Mediator), which can take up to six months. 

Cases will only then be brought before the court. The process is subject to a fee and will now require using a mandataire de justice (formerly known as a huissier) to issue a summons, and often an avocat to represent the person in court.

If attempts are not made to reach an amicable settlement, passengers also now face a higher risk of their cases being rejected or dismissed “unless justified by a legitimate reason.”

However, some airlines, including Vueling and Tunisair, are not members of the Médiateur du Tourisme et du Voyage scheme, leading to potential complications for affected passengers.

Rules regarding grouped claims for passengers travelling on the same flight have also been tightened. Now, only passengers who are members of the same family can submit a claim together. This includes spouses, partners bound by a civil partnership, or couples who live together.

Note that the new decree applies to proceedings filed after its entry into force. 

However, inadmissibility due to failure to attempt mediation does not apply where the claimant has lodged a complaint with the air carrier prior to the publication of the decree or where the event giving rise to the compensation occurred at least four years prior to the entry into force of the decree.”

Compensation rules under review by EU

Compensation rules for passengers are subject to EU rights, set out in EC Regulation 261/2004 which have been under review. 

The European Council, consisting of ministers from member states, called last year to weaken certain compensation conditions however the MEPs do not favour this. 

At present, passengers can claim compensation from €250 to €600 for flights delayed by more than three hours, but ministers proposed this be increased to four hours and with a €500 maximum.

The MEPs instead voted for compensation from  €300 to €600, and retaining the three-hour period.

They also voted for rules entitling passengers to take on board a free personal item up to 40cm/30cm/15cm as well as one small wheeled piece of luggage with combined dimensions of no more than 100cm and a weight up to 7kg. 

If the Council does not approve this, there will be joint discussions to agree the final rules.