EU261 Facts and Figures
Factual reference on EU Regulation 261/2004 — compensation amounts, limitation periods, rights matrix and case law.
Factual reference on EU Regulation 261/2004 — compensation amounts, limitation periods, rights matrix and case law.
EU Regulation 261/2004 grants air passengers the right to €250, €400, or €600 compensation when a flight arrives 3 or more hours late, is cancelled with less than 14 days' notice, or when boarding is denied due to overbooking — unless the airline proves an extraordinary circumstance. Technical defects generally do not qualify as extraordinary circumstances. Limitation periods vary by country, from 1 year (Belgium) to 5 years (France, Spain).
| Distance | Situation | Compensation |
|---|---|---|
| Up to 1,500 km | Arrival delay ≥ 3 hours, cancellation <14 days' notice, denied boarding | €250 |
| 1,500–3,500 km | Arrival delay ≥ 3 hours, cancellation <14 days' notice, denied boarding | €400 |
| > 3,500 km (intra-EU) | Arrival delay ≥ 3 hours, cancellation <14 days' notice, denied boarding | €400 |
| > 3,500 km (extra-EU) | Re-routing offered, arriving up to 4 hours later (art. 7(2)) | €300 (halved under art. 7(2)) |
| > 3,500 km (extra-EU) | Arrival delay ≥ 3 hours, cancellation <14 days' notice, denied boarding | €600 |
Amounts are per passenger. Distance = greatest circle distance between departure airport and final destination. For cancellations where an alternative flight is offered, compensation may be reduced by 50% if the passenger arrives within the time margins of art. 7(2) EU261.
| Country | Period | Legal basis | Notes |
|---|---|---|---|
| Netherlands | 2 years | Art. 8:1835 BW — forfeiture period, cannot be interrupted | From flight date |
| Belgium | 1 year | Art. X.49 WER | Shortest in the EU; strictly enforced |
| Germany | 3 years | § 195 BGB | Runs from end of the flight year (31 Dec) |
| France | 5 years | Art. 2224 Code civil | From knowledge of the damage |
| Spain | 5 years | Art. 1964.2 Código civil | Desde que pudo exigirse |
| Italy | Not established (assessed case by case) | Disputed — no ruling from the highest court | Readings differ widely and some are far shorter than in other countries; do not wait, submit straight away |
The applicable limitation period depends on the national law of the country where proceedings are brought, not the country of departure or arrival. Always consult a legal professional for your specific situation.
| Situation | Compensation (art. 7) | Care (art. 9) | Reimbursement or re-routing (art. 8) |
|---|---|---|---|
| Delay < 2 hours | No | No | No |
| Delay 2–3 hours | No | Yes (meals, communications) | No |
| Arrival delay ≥ 3 hours | Yes (€250–€600) | Yes | No (flight operated) |
| Delay ≥ 5 hours | Yes (€250–€600) | Yes | Yes (ticket refund + return flight) |
| Cancellation <14 days before departure | Yes (unless alternative within art. 7(2) margins) | Yes | Yes (choice: refund or re-routing) |
| Denied boarding (overbooking) | Yes (€250–€600) | Yes | Yes (choice: refund or re-routing) |
| Extraordinary circumstances | No | Yes (art. 9 always applies) | Yes for cancellations |
Right to care (art. 9) applies regardless of whether extraordinary circumstances are present. Compensation (art. 7) is only waived when the airline proves an extraordinary circumstance it could not have avoided.
| Case | Reference | Date | Key holding |
|---|---|---|---|
| Sturgeon | C-402/07 & C-432/07 | 19 November 2009 | Delayed passengers are entitled to compensation if arrival delay is ≥ 3 hours; delay is measured at arrival (door-open), not departure. |
| Wallentin-Hermann | C-549/07 | 22 December 2008 | Technical defects are generally not extraordinary circumstances — they are inherent to normal aircraft operation. Exception: hidden manufacturing defects or sabotage. |
| Van der Lans | C-257/14 | 17 September 2015 | Confirms Wallentin-Hermann: premature failure of engine components is not an extraordinary circumstance, even if unexpected. |
| Rehder | C-204/08 | 9 July 2009 | Jurisdiction for EU261 claims: passenger may choose between the court of the departure airport or the arrival airport (direct flight). |
Sources: EUR-Lex — Regulation (EC) No 261/2004 · ECJ C-402/07 (Sturgeon) · C-549/07 (Wallentin-Hermann) · C-257/14 (Van der Lans)
| Scenario | EU261 applies? |
|---|---|
| Flight departs from an EU/EEA airport (any airline) | Yes |
| Flight to EU/EEA airport, operated by an EU-registered carrier | Yes |
| Flight to EU/EEA airport, operated by a non-EU carrier | No |
| Flight entirely outside EU (e.g. New York–Toronto on Delta) | No |
| Codeshare: ticketing carrier is EU, operating carrier is non-EU | Operating carrier is decisive — likely no |
Compensation is €250 for flights up to 1,500 km, €400 for flights of 1,500–3,500 km, and €600 for flights over 3,500 km, in each case from an arrival delay of 3 hours or more. The airline may halve the amount (to €125, €200 or €300) only if it offered you an alternative flight arriving no more than 2, 3 or 4 hours later than originally scheduled (art. 7(2) EU261); without such an offer the full amount stands.
Deadlines differ by country: Netherlands 2 years — a forfeiture period (art. 8:1835 BW), Belgium 1 year (art. X.49 WER), Germany 3 years from end of the flight year (§ 195 BGB), France 5 years (art. 2224 Cc), Spain 5 years (art. 1964.2 Cc), For Italy the limitation period is not legally established; we assess it case by case.
No, in most cases. The European Court of Justice held in Wallentin-Hermann (C-549/07) and Van der Lans (C-257/14) that technical defects inherent to the normal operation of an aircraft do not constitute extraordinary circumstances.
At arrival. The ECJ held in Sturgeon (C-402/07) that delay is measured on arrival, and in Germanwings (C-452/13) that the arrival time is the moment at least one of the aircraft doors is opened at the destination — not the time of departure.
Yes, independently of compensation. Article 9 of EU261 requires the airline to provide meals and refreshments when waiting times reach 2 hours, and hotel accommodation for overnight stays. This right exists even when extraordinary circumstances apply and compensation is not owed.