EU261: The Complete Guide to Air Passenger Rights
EU Regulation 261/2004 is the law that protects your rights when flying in Europe. This comprehensive guide explains everything you need to know about claiming compensation for flight disruptions.
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What is EU Regulation 261/2004?
EU Regulation 261/2004 (commonly called EU261) is a European Union law that came into effect on February 17, 2005. It establishes common rules for compensation and assistance to air passengers when their flights are disrupted.
The regulation was created to balance the interests of airlines and passengers, ensuring travelers are not left stranded or out-of-pocket when flights go wrong. It's considered one of the strongest passenger protection laws in the world.
Key Protections Under EU261
- Flight delays: Compensation for arrivals 3+ hours late
- Flight cancellations: Compensation plus refund or rebooking
- Denied boarding: Compensation when bumped due to overbooking
- Downgrading: Partial refund if moved to a lower class
- Right to care: Meals, refreshments, and accommodation during long delays
Which Flights Are Covered?
EU261 applies to:
- All flights departing from an EU/EEA airport (any airline)
- Flights arriving at an EU/EEA airport operated by an EU airline
- Flights departing from a UK airport (under UK261, post-Brexit)
The EEA includes all EU member states plus Iceland, Norway, and Liechtenstein. Switzerland has similar protections under bilateral agreements.
Extraordinary Circumstances
Airlines are exempt from paying compensation if the disruption was caused by "extraordinary circumstances" beyond their control. However, courts have interpreted this narrowly to protect passengers.
Extraordinary circumstances include:
- Severe weather conditions (storms, fog, volcanic ash)
- Air traffic control restrictions
- Security threats
- Political instability
- Strikes by air traffic controllers (but NOT airline staff)
NOT extraordinary circumstances:
- Technical faults or mechanical problems
- Staff sickness or crew scheduling issues
- Airline staff strikes
- Bird strikes (in most cases)
- Operational decisions
Which Flights Are Covered?
| Flight Scenario | EU/UK Airline | Non-EU Airline |
|---|---|---|
| Departing from EU airport | ✅ Covered | ✅ Covered |
| Arriving at EU airport | ✅ Covered | ❌ Not covered |
| Departing from UK airport (post-Brexit) | ✅ UK261 | ✅ UK261 |
| Non-EU to non-EU flight | ❌ Not covered | ❌ Not covered |
Compensation Amounts Under EU261
Claim Time Limits by Country
The time limit for claiming compensation varies depending on which country's courts have jurisdiction. Generally, this is the country where the airline is based or where the flight departed from.
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Frequently Asked Questions
What is EU261?
EU261 (officially EC 261/2004) is a European Union regulation that establishes common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays.
Does EU261 apply to flights from the UK after Brexit?
The UK has retained EU261 in domestic law (now called UK261). Similar rules apply for flights departing from UK airports and flights to the UK on UK airlines. The main difference is claims are now handled by the UK CAA instead of EU national enforcement bodies.
Does EU261 cover non-EU airlines?
Yes, if the flight departs from an EU airport. For example, if you fly United Airlines from Paris to New York, you're covered. However, flights arriving in the EU on non-EU airlines are NOT covered.
Can EU261 compensation be reduced?
Yes, compensation can be reduced by 50% if the airline offers re-routing and you arrive at your destination 2-4 hours late (depending on distance). This is known as the "50% reduction rule."