EU261 limitation periods by country
Netherlands 2 years, Belgium only 1 year, Germany 3 years, France and Spain 5 years — act before it is too late.
Netherlands 2 years, Belgium only 1 year, Germany 3 years, France and Spain 5 years — act before it is too late.
The limitation period for an EU261 compensation claim differs by country: from 1 year in Belgium to 5 years in France and Spain. EU Regulation 261/2004 does not set its own limitation period — it is determined by the national law of the competent country, which is typically the country of departure or destination. Apply the shortest period that could plausibly apply to your situation as your safe deadline. Belgium (1 year) requires particular urgency — if your flight departed from Brussels or Charleroi and the flight year is almost a year ago, you must act now. DelayPaid handles claims for flights across the EU and EEA — submit your flight and we check eligibility for free.
| Country | Period | Legal basis | Start date | Urgency |
|---|---|---|---|---|
| Netherlands | 2 years (forfeiture) | Art. 8:1835 Dutch Civil Code | Day after (scheduled) arrival | Medium — a letter does not extend it |
| Belgium | 1 year | Art. X.49 WER | Day of the flight | High — act immediately |
| Germany | 3 years | § 195 BGB | End of flight year (31 Dec) | Low |
| France | 5 years | Art. 2224 Code Civil | Day of the flight | Low |
| Spain | 5 years | Art. 1964.2 Cc | Day of the flight | Low |
| Italy | Not settled — we assess this case by case* | Contested | Day of the flight | High — do not wait |
* Italy: the deadline for EU261 claims is not legally settled. There is no ruling from Italy's highest court that fixes it, and the readings in the case law diverge widely — some are far shorter than the periods you see in other countries. We therefore quote no period for Italy and calculate no date; we assess every Italian case by hand. So do not wait.
In the Netherlands the period for EU261 claims is codified in Article 8:1835 of the Dutch Civil Code (Burgerlijk Wetboek). The period is 2 years and starts on the day after the (scheduled) day of arrival. For cancellations it starts on the day after the scheduled arrival day.
Important: this is a forfeiture period, not an ordinary limitation period. The statute says in so many words that the claim "lapses". A forfeiture period cannot be interrupted or suspended: a demand or notice of default to the airline — by email or even by registered post — does not extend it, and a phone call with customer services certainly does not. Only bringing the claim before the court in time preserves your right; a written acknowledgement of the debt by the airline can also help, but airlines rarely give one voluntarily.
Some judges read Article 8:1835 as an ordinary limitation period rather than a forfeiture period. On that reading too, a demand does not help you: alongside the carriage regime of Book 8, a demand under Article 3:317 of the Dutch Civil Code does not count as an independent act of interruption. So do not sit back because you have sent a letter — make sure your case is before the court well within two years. We monitor that deadline for you and start proceedings in time.
Belgium has the shortest period of all countries in this overview: only 1 year under Article X.49 of the Economic Law Code (Wetboek Economisch Recht). This is an exceptionally short deadline that passes quickly.
Relevant flights for Belgian law are typically those departing from:
In Germany the general 3-year limitation period applies under § 195 BGB. The distinctive feature: the period does not start on the flight day but at the end of the calendar year in which the flight took place. A flight on 1 February 2023 therefore expires on 31 December 2026 — not on 1 February 2026.
This gives passengers more time than expected. But note: Belgian or Dutch limitation periods may also apply if the flight departed from those countries.
France has the longest practical period: 5 years under Article 2224 of the Code Civil. The period starts on the day of the flight. Flights from Paris CDG or Orly, Lyon, Nice, and other French airports are covered (for EU airlines or any airline departing from France).
Spain also applies a 5-year period under Article 1964.2 of the Codigo Civil. Flights from Madrid, Barcelona, Palma, Malaga, and other Spanish airports fall under this. The same period applies to flights from the Canary Islands (also Spain).
Spain is the one country where a letter is a real advantage: an out-of-court demand interrupts the limitation period under Article 1973 of the Codigo Civil, and unlike a suspension it resets the full five years. There is no prescribed form, but you do have to prove the demand and its date — which is why a burofax with acknowledgement of receipt and certification of content is the standard. A complaint to the Spanish aviation authority AESA also interrupts the period.
For Italy the deadline for EU261 claims is not legally settled. There is no ruling from the highest court that determines which period applies, and the readings in the case law diverge widely — some are far shorter than what you are used to in other countries. That is why we quote no period for Italy and why our tool calculates no date for an Italian flight. If your flight departed from Rome, Milan, Venice or another Italian airport, we assess your deadline case by case and take the step that preserves your right as early as we can. So do not wait.
This is not always legally straightforward. As a rule of thumb:
A common misconception is that a demand letter always buys you extra time. It does not. Whether a letter stops the clock depends entirely on the country:
A complaint to a national enforcement body — the CAA, the DGAC, ENAC, AESA or the Dutch ILT — does not interrupt the civil limitation period anywhere. Such a regulator enforces in administrative law and does not award you compensation itself.
We monitor this deadline country by country and take, in good time, the step that actually preserves the claim, instead of relying on a letter.
Be realistic here: once the deadline has passed, the claim is as a rule definitively lost. There are no statutory exceptions for passengers who were unaware of their rights. You can still ask the airline for a goodwill payment, but you have no legal entitlement to one. If you are unsure whether the deadline really has passed — for instance because it is unclear which country's law governs, or because it concerns Germany, where the period only starts running at the end of the flight year — have it checked anyway. It costs you nothing.
Even without all your documents you can file a claim and add evidence later. A timely but incomplete claim is better than a perfect claim after the limitation period. DelayPaid guides this process — 25% success fee incl. VAT, no win no fee.
In the Netherlands the period is 2 years under Article 8:1835 of the Dutch Civil Code. Note that this is a forfeiture period (the statute says the claim 'lapses'), not an ordinary limitation period. It starts on the day after the (scheduled) day of arrival. A letter does not extend it.
Belgium has the shortest period: only 1 year under Article X.49 of the Belgian Economic Law Code (WER). If your flight departed from Belgium, you must have filed a claim within 12 months.
This is not always straightforward. In principle the law of the country of departure (or, for arrivals into the EU with non-EU airlines, the country of arrival) determines the period. When in doubt, file as soon as possible and apply the shortest period that could plausibly apply.
Not in the Netherlands. Article 8:1835 of the Dutch Civil Code provides that the claim lapses after two years. A forfeiture period cannot be interrupted or suspended: a demand letter or notice of default to the airline does not extend it. Only timely legal action (or a written acknowledgement of the debt by the airline, art. 3:318 Dutch Civil Code) preserves your claim. Even on the minority reading in which a court treats the period as an ordinary limitation period, a demand under art. 3:317 Dutch Civil Code does not count as an independent act of interruption alongside the carriage regime of Book 8. So file well within two years and keep proof of sending. Other countries differ: in Spain a burofax does reset the period (art. 1973 Spanish Civil Code), and in Belgium a registered notice of default from a lawyer or bailiff interrupts the period once, by one year.