Flight delay or cancellation: why you may have to pay from Saturday to be compensated

Will it be even more difficult to obtain compensation for air passengers? A decree published in August 2025 in the Official Journal modifies from Saturday February 7 the procedure for resolving air passenger disputes in the event of flight cancellation, a significant delay or refusal of boarding.

Main measure of the text: prior mediation becomes obligatory for any legal action.

If no amicable agreement is reached with the airline, the passenger will necessarily have to contact a consumer mediator before going to court. “This step makes it possible to initiate conciliation between the traveler and the airline, often faster and less costly than a traditional legal procedure,” assures the government on its website.

However, it will still be able to delay any possible compensation, since the mediator will have six months to deliver his opinion. If no agreement is reached, the next step takes place in court.

“A direct financial obstacle to the exercise of a fundamental right”

Currently, the passenger can go directly to court, free of charge, through a simple individual request. But from Saturday, “referral to the court will be made only by summons, with only one summons if your spouse or other members of your family are concerned” we can read on the public service website.

“It is no longer possible to refer the matter directly to the court without this step,” summarizes the government, which intends to “better supervise the procedures and avoid mass summons which can slow down the functioning of the courts”.

However, taking the matter to court by summons can cost up to 150 euros, deplores Flightright, one of the European leaders in compensation for passengers who are victims of air disruptions, in a message to the press. “This new requirement creates a direct financial obstacle to the exercise of a fundamental right,” laments this source.

“This decree creates a breach of equality between passengers and introduces disproportionate financial and procedural obstacles for small-value disputes. It weakens the effectiveness of the European regulation and discourages many travelers from asserting their rights,” says Imane El Bouanani, legal manager for France at Flightright.

Questioned by Le Parisien last September, Xavier Tytelman, aeronautics expert, affirmed that “many passengers will give up, discouraged by this new cumbersome and costly procedure”.

The government specifies that “there will be no obligation for prior mediation if the claim was made before August 7, 2025, or if the dispute dates back more than 4 years before February 7, 2026”.