Navigating the EU Air Passenger Rights Reform – Part 7: deadlines, timestamps and other relevant timelines

Applying the new regulation

The temporal scope of the revised regulation follows a strict timeline. The new regulation formally entered into force on 22 October 2026. The substantive legal rules apply starting exactly 12 months after the date of entry into force. This means as of 23 October 2027 the new rules will apply.

A critical practical question for carriers has been whether the 12-months transition period is calculated based on the booking date or the flight date. The text of Article 3 establishes that the practical trigger for application of the new regulation is the date of the actual flight or disruption occurring on or after the effective application date.

The regulation contains no transitional provisions exempting flights taking place after the application date merely because the ticket was booked or issued prior to that date. This link to the flight date prevents a split in legal regimes, where carriers would otherwise have to track whether a ticket for a flight operating on or after 23 October 2027 was purchased months earlier under prior statutory rules. This also means that all systems in place should be adapted to the new legal framework as soon as possible. It can be assumed that a flight operating after the application date, and therefore one to which the new regulation will apply, might also have to keep in mind deadlines and other obligations prior to the flight under the new regulation before the transitional period is over.

The new 9-months preclusive time limit for compensation claims in Article 7(9)

One of the most significant substantive additions is the unified time limit for submitting compensation claims under the new Article 7.

Passenger claims for compensation must be submitted to the carrier within 9 months from the actual departure date specified in the ticket. Under the old regulation no limitation period existed within the regulation itself. The CJEU held that due to the absence of EU rules national limitation periods, i.e. in German cases the standard 3-year limitation period under Sec. 195, 199 BGB apply. However, these provisions will remain relevant, if the 9-months-time-limit is complied with.

The new regulation establishes this 9-months window as a preclusive time limit. If that period expires without a timely claim submitted to the carrier, the right to compensation elapses. Legal enforcements will most likely have no grounds. The passenger bears the burden of proving the timely submission of the claim to the carrier if the case is filed in court later on.

Dogmatic distinction: The „upon request“ requirement vs. automatic payment

The requirement to submit a claim within 9 months is dogmatically tied to the phrase „upon request“ in Articles 5(4) for cancellations, 6(4) for delays and 6b(3) for missed connecting flights. In these cases, the passenger bears the burden of actively approaching the carrier within 9 months.

For involuntary and also voluntary denied boarding, Article 4(2) and 4(4) no application is required. The carrier is subject to an automatic payment obligation without delay; at the latest within 7 calendar days. The passenger therefore does not have to submit a request to trigger the carrier’s liability.

The 14-days advance notice window for cancellation and rescheduling in Art. 5(5)

Article 5(5) defines the precise temporal limit for excluding compensation liability. If the carrier informs the passenger of a cancellation or a flight rescheduling exceeding one hour at least 14 calendar days before the scheduled departure date, compensation liability under Article 7 is entirely excluded.

When notice is given less than 14 calendar days before departure, compensation liability can only be avoided if alternative transport is offered with departure no more than one hour before the original scheduled time and arrival at the final destination no more than two hours after the scheduled arrival time. The carrier must substantiate and prove compliance with these conditions in case of a court claim.

The 3-hours rerouting offer window in Article 8(3)

To prevent indefinite uncertainty during travel disruptions, Article 8(3) establishes a strict deadline for rerouting offers by the carrier.

Once the passenger has informed the operating carrier of the decision to opt for rerouting at the earliest opportunity according to Article 8(1)(b), the carrier has exactly three hours to present a specific and comparable rerouting offer. If this window expires without a suitable offer, the passenger becomes entitled to self-reroute by booking alternative flights or alternative transportation.

For cancellations, Article 8(3) clarifies that the 3-hours period begins with the scheduled departure time indicated on the ticket. That supports the assumption that in other cases the information of the passenger’s decision is the relevant moment in time for the 3-hours window to commence the rerouting process.

Conclusion

Timestamp tracking and adjusting systems and procedures will be necessary for carriers – rather sooner than later. While the 9-months preclusive time limit in Article 7(9) is a big advantage for carriers in the new regulation, adjusting claims systems to that limit will be the next logical step. Moreover, carriers should implement timestamps into their systems to meet the 14-days threshold for passenger notifications – which is actually nothing new. But more importantly documenting the exact time when passengers declare to choose rerouting as an option is a new aspect to look into. Ensuring that passengers who were denied boarding will automatically receive their compensation will be necessary as well. Here automation will become essential while tracking the correct contact and payment details of the passengers will be a challenge and should be followed up at the latest when boarding is denied.