What Is EU Regulation 261/2004?
EU Regulation 261/2004 — commonly known as EU261 — is one of the strongest pieces of passenger protection legislation in the world. It sets out the rights of air passengers when their flights are delayed, cancelled, or when they are denied boarding due to overbooking. It applies to millions of flights every year and entitles eligible passengers to compensation of up to €600.
Who Does EU261 Apply To?
EU261 covers you if any of the following are true:
- Your flight departs from an airport within the European Union (EU), Norway, Iceland, or Switzerland — regardless of the airline.
- Your flight arrives in the EU and is operated by an EU-based airline.
- You have a confirmed booking and arrived at check-in on time.
Importantly, EU261 does not apply if your flight departs from a non-EU country on a non-EU carrier, even if it lands in the EU.
How Much Compensation Can You Claim?
Compensation amounts under EU261 are fixed and depend on the flight distance:
| Flight Distance | Compensation Amount |
|---|---|
| Up to 1,500 km | €250 |
| 1,500–3,500 km | €400 |
| Over 3,500 km | €600 |
These amounts may be reduced by 50% if the airline offers re-routing and you arrive within a certain time window of your original scheduled arrival.
What Triggers a Compensation Claim?
You may be entitled to compensation in the following situations:
- Delay of 3+ hours at arrival — if you arrive at your final destination 3 or more hours later than scheduled.
- Cancellation — if your flight is cancelled and you weren't notified at least 14 days in advance.
- Denied boarding (overbooking) — if you are involuntarily bumped from your flight.
- Missed connection — if a delayed first leg causes you to miss a connecting flight on the same booking.
What Are "Extraordinary Circumstances"?
Airlines can avoid paying compensation by proving the disruption was caused by extraordinary circumstances — events outside their control that could not have been avoided. These include:
- Severe weather (storms, heavy snow)
- Air traffic control strikes
- Political instability or security threats
- Hidden manufacturing defects in the aircraft
However, airlines frequently misuse this defence. A technical fault that was foreseeable or not properly maintained is not an extraordinary circumstance. If an airline cites this, don't give up — challenge them.
Right to Care: Meals, Refreshments, and Hotels
Beyond financial compensation, EU261 also guarantees your right to care during disruptions. Regardless of the cause, airlines must provide:
- Meals and refreshments proportionate to the waiting time
- Two free phone calls, emails, or faxes
- Hotel accommodation and transport to/from the hotel (for overnight delays)
Keep all your receipts — reasonable expenses should be reimbursed.
How Far Back Can You Claim?
The time limit for filing a claim varies by country, as EU261 is enforced nationally. In the UK, you have up to 6 years. In Germany, it's 3 years. France allows 5 years. Always check the specific limitation period for the country where your flight departed.
Next Steps
If you believe you're owed compensation, start by writing a formal complaint letter to the airline. If they refuse or don't respond within a reasonable time, you can escalate to the relevant National Enforcement Body (NEB) in the country of departure, or use an Alternative Dispute Resolution (ADR) scheme.