Flightright, a one of Europe's leading providers of compensation to passengers affected by air travel disruptions, is warning that a new provision adopted by the French government will make it even more difficult for passengers to get their money back.
From 7 February 2026, a decree (reference 2025-772 of 5 August 2025) will applies. According to Flightright, the text radically alters the rules applicable to air passenger compensation disputes, making access to justice more complex and costly for travellers. In fact, it alters the current European regulation governing passengers' rights in the event of problems with their airline.
France against the tide
In accordance with European regulations, passengers have access to a free application procedure for disputes of less than €5,000.
From 07/02, therom now on, France will impose a fee of between €50 and €150 per procedure for taking a case to court. For more information, visit Flightrightthis This new requirement creates a direct financial obstacle to the exercise of a fundamental right.
The decree also modifies the right to grouped legal action. Passengers travelling in a group will now have to take their case to court individually, except in the case of family ties. As a result, there will be more steps to take and more costs to pay for the same air disruption.
Finally, passengers currently have to pass through a mandatory conciliation for disputes under €5,000. From 7 February, any legal action will require a prior attempt at exclusive mediation before the Tourism and Travel Ombudsman. This step is a precondition for the admissibility of any recourse to the courts. The mediator has six months to issue an opinion, which is not binding, even though some airlines do not subscribe to this system. Its financing is also questionable, as it is based on the payment of a fee of around €60 per case by the airlines. Judicial conciliation is no longer a possible alternative, and the relevance of the mandatory conciliation introduced in October 2023 remains in question.
These developments have prompted strong criticism from legal professionals, explains Flightright. They are warning that access to the courts will be restricted and that the procedures for passengers will become massively more complex.
Whereas France makes the exercise of rights more complex, the European Union seems to be seeking to guarantee their application, as recently demonstrated by the european parliament vote which wishes to maintain - or even extend - current passenger rights. Instead of restricting them as the European Council wishes.
