European Aviation at a Crossroads: Regulation, Competitiveness and Crisis Readiness

Have you got a question?

21^st May was the closing date for the European Commission’s Call for Evidence on the proposed EU Aviation and Aeronautics Strategy, which only opened at the end of last month. There are 248 responses published on the EC’s website but in particular we have read Airlines 4 Europe’s with interest; it’s a useful marker of where the industry is trying to land.

From the perspective of a law firm that represents airlines, a few points feel particularly live.

First, the competitiveness gap is no longer theoretical. European carriers are operating under a regulatory and cost framework that simply isn’t mirrored elsewhere—and that is now feeding directly into a threat to European connectivity and market share.
Second, regulatory layering is a big issue. The aviation ecosystem is now grappling with a patchwork of sustainability, consumer, digital, border control and distribution rules that don’t always align. The need to reduce the burden and have a more coherent framework is obvious.
Third, there’s a growing recognition that in this current geopolitical environment, crisis mechanics need to be built into the system. The idea of a horizontal aviation waiver mechanism—something that can switch obligations on and off in genuinely exceptional circumstances—would be a meaningful shift if it gains traction.
And finally, the EU261 debate isn’t going away. If anything, this discussion reinforces just how difficult it will be to reconcile passenger protection with operational reality, particularly when disruption is driven by factors outside airline control.

So what next?

The Strategy itself is expected later this year, likely in Q3. When it does land, airlines (and their advisers) will want to look closely at a few things:

Is there any real movement on regulatory simplification, or just more overlay?
How far does the EU go on aligning with global frameworks, particularly on carbon pricing?
What, if anything, changes on EU261 and the allocation of liability across the value chain?
Whether crisis flexibility is hardwired into the regime, or left as an aspiration
And ultimately, whether the Strategy genuinely addresses the level playing field issue, or sidesteps it.

In short, this isn’t just another policy document.
It will set the tone for how European aviation is regulated, and how competitive it can realistically remain, for the next decade.
The question is whether it clears a runway for growth or adds further turbulence.