Following a judgement by the European Court of Justice, air passenger may claim compensation at delays from 3 hours (except in extraordinary circumstances). However, the European Commission proposes (amending Article 6 of Regulation (EC) No 261/2004) to abolish 3 hour's delay rule and establish different delay periods of 5 hours, 9 hours and 12 hours (dictated by the length of the flight) before the right to compensation is triggered. This policy choice is more complex and less equitable. It will definitely deteriorate the application and enforcement of that right.