In short: EU261 covers flights departing from the EU (and Iceland, Norway and Switzerland) on any airline and flights into the EU on an EU airline, for passengers of any nationality. For denied boarding (Art. 4), short-notice cancellation (Art. 5) and – through the Court of Justice's Sturgeon ruling – arrival delays of 3 hours or more (Art. 6), it gives €250 / €400 / €600 (Art. 7), plus a refund or re-routing (Art. 8) and care (Art. 9). The airline avoids compensation only by proving extraordinary circumstances (Art. 5(3)). Your rights cannot be waived (Art. 15). Since Brexit the UK applies its own copy, UK261, with £220 / £350 / £520.
The regulation at a glance
| Article | Title | What it does for you |
|---|---|---|
| 1 | Subject | Sets minimum rights for denied boarding, cancellation and delay |
| 2 | Definitions | Defines operating carrier, final destination, denied boarding, cancellation and more |
| 3 | Scope | Which flights and passengers are covered |
| 4 | Denied boarding | Volunteers first; otherwise immediate compensation, refund/re-routing and care |
| 5 | Cancellation | Refund/re-routing, care, compensation unless 14+ days' notice or extraordinary circumstances |
| 6 | Delay | Care from 2/3/4 hours; refund option from 5 hours |
| 7 | Right to compensation | €250 / €400 / €600, 50% reduction, payment method, distance |
| 8 | Reimbursement or re-routing | Your choice of refund within 7 days or alternative transport |
| 9 | Right to care | Meals, refreshments, hotel, transfers, two calls or e-mails |
| 10 | Upgrading and downgrading | No charge for upgrades; 30–75% refund for downgrades |
| 11 | Reduced mobility and special needs | Priority and care for passengers with reduced mobility and unaccompanied children |
| 12 | Further compensation | Keeps your right to claim further damages, minus the fixed compensation |
| 13 | Right of redress | Lets the airline recover costs from third parties – not from you |
| 14 | Information | Notices at check-in and written information when things go wrong |
| 15 | Exclusion of waiver | Your rights cannot be limited or signed away |
| 16 | Infringements | National enforcement bodies, complaints and penalties |
| 17–19 | Report, repeal, entry into force | Commission review; repeal of the 1991 regulation; applies from 17 February 2005 |
Articles 1 and 2: subject and definitions
Article 1 states the purpose: to confer minimum rights on air passengers in three situations – denied boarding against their will, cancellation and delay. Its paragraphs on Gibraltar airport no longer matter in practice since the UK left the EU.
Article 2 contains the definitions on which every claim turns. The ones that matter most:
- Operating air carrier (2(b)): the airline that performs, or intends to perform, the flight – including under a codeshare or a wet lease. This is the airline you claim from, not the one that sold the ticket.
- Community carrier (2(c)): an airline with an operating licence from an EU Member State. It matters for flights into the EU.
- Final destination (2(h)): the destination on the ticket, or the last flight of directly connecting flights. Delay is measured there – the reason a missed connection on one booking counts.
- Denied boarding (2(j)): a refusal to carry passengers who presented themselves for boarding as required, except where there are reasonable grounds such as health, safety or security, or inadequate travel documents.
- Cancellation (2(l)): the non-operation of a flight that was previously planned and on which at least one place was reserved.
UK261 adds definitions of "arrival time" and "extraordinary circumstances" (inserted in December 2023). The EU text leaves those to the case law: arrival is when at least one door is opened and passengers may leave (Germanwings, C-452/13, 2014).
Article 3: scope – which flights are covered
Under Article 3(1), the regulation applies to passengers:
- (a) departing from an airport in an EU Member State, on any airline; and
- (b) departing from a non-EU country to an airport in a Member State, if the operating airline is a Community carrier – unless they received benefits or compensation and were given assistance in that non-EU country.
Through the EEA Agreement and the EU–Switzerland air transport agreement, the same rules apply in Iceland, Norway and Switzerland.
| Route | EU airline | Non-EU airline |
|---|---|---|
| EU → EU (Madrid–Paris) | Covered | Covered |
| EU → non-EU (Frankfurt–Dubai, Paris–London) | Covered | Covered |
| Non-EU → EU (Dubai–Frankfurt, London–Paris) | Covered | Not covered by EU261 |
| Non-EU → non-EU (Doha–Bangkok) | Not covered* | Not covered |
* Unless it is a leg of a single booking that started in the EU: the journey is then assessed as a whole (Wegener, C-537/17, 2018). Since Brexit, the UK counts as a non-EU country for EU261; UK flights are covered by UK261.
Article 3(2) adds two conditions: you must have a confirmed reservation and have checked in as required – at the time given by the airline or, if none was given, no later than 45 minutes before the published departure time – unless the airline transferred you from another flight. Article 3(3) excludes free tickets and reduced fares not available to the public, but expressly covers frequent-flyer and similar tickets. Article 3(4) limits the regulation to motorised fixed-wing aircraft. Article 3(5) makes the operating carrier responsible, including when it acts for someone else. Article 3(6) preserves package travel rights – see package holiday flight delays.
Article 4: denied boarding
When an airline expects to deny boarding, it must first call for volunteers to give up their seats in exchange for benefits agreed between them and the airline; volunteers also get a refund or re-routing under Article 8 (Art. 4(1)). If there are not enough volunteers, the airline may refuse boarding against passengers' will (4(2)) – but must then immediately pay compensation under Article 7 and provide assistance under Articles 8 and 9 (4(3)).
There is no extraordinary-circumstances defence for denied boarding. The Court of Justice has held that "denied boarding" is not limited to overbooking: it also covers a refusal because the airline reorganised flights after a strike (Finnair, C-22/11, 2012) and a refusal to board a connecting flight because the airline's own first flight was late (Rodríguez Cachafeiro, C-321/11, 2012). See denied boarding compensation.
Article 5: cancellation
If your flight is cancelled, the operating airline must (Art. 5(1)):
- offer you the choice under Article 8: refund or re-routing;
- provide care under Article 9 – meals and refreshments, two calls or e-mails, and a hotel and transfers if the new departure is at least the next day;
- pay compensation under Article 7, unless you were told of the cancellation:
- at least two weeks before departure; or
- between two weeks and seven days before, and offered re-routing departing no more than 2 hours earlier and arriving less than 4 hours later than scheduled; or
- less than seven days before, and offered re-routing departing no more than 1 hour earlier and arriving less than 2 hours later.
Article 5(2) requires the airline to tell you about alternative transport. Article 5(3) is the famous exception: no compensation is due if the airline proves the cancellation was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Article 5(4) puts the burden of proving whether and when you were told on the airline – including where a travel agent failed to pass the message on (Krijgsman, C-302/16, 2017). Bringing a flight forward by more than an hour can itself count as a cancellation (Azurair, C-146/20 and others, 2021).
What counts as extraordinary has been shaped by the courts: technical faults are generally not (Wallentin-Hermann, C-549/07; van der Lans, C-257/14), and nor are strikes by the airline's own staff (Krüsemann, C-195/17; Airhelp v SAS, C-28/20), whereas bird strikes can be (Pešková, C-315/15). See extraordinary circumstances and cancelled flight compensation.
Article 6: delay
Article 6(1) applies when the airline reasonably expects a flight to be delayed beyond its scheduled departure time by:
| Distance | Care from | Hotel | Refund option |
|---|---|---|---|
| Up to 1,500 km | 2 hours | If the expected departure is at least the day after | From 5 hours (Art. 8(1)(a)) |
| Intra-EU over 1,500 km; other flights 1,500–3,500 km | 3 hours | ||
| Other flights over 3,500 km | 4 hours |
On its face, Article 6 gives only care and, after 5 hours, the option of a refund (with a return flight to your first point of departure if relevant). It says nothing about compensation. The Court of Justice changed that in Sturgeon (C-402/07 and C-432/07, 19 November 2009): passengers whose flights are delayed and who reach their final destination 3 hours or more after the scheduled arrival time suffer a loss of time comparable to a cancellation and may claim compensation under Article 7. Nelson (C-581/10 and C-629/10, 2012) confirmed it. Folkerts (C-11/11, 2013) clarified that only the delay at the final destination counts on connecting flights. UK261 has written the 3-hour rule into Article 6(3). See flight delay compensation and flight delay rights.
Article 7: the right to compensation
e.g. London–Paris, Berlin–Rome, Dublin–Amsterdamover 3 hours€250UK261: £220
e.g. London–Athens, Frankfurt–Tenerife, Rome–Tel Avivover 3 hours€400UK261: £350
e.g. London–New York, Frankfurt–Dubai, Paris–Bangkokbetween 3 and 4 hours€300UK261: £260 (reduced by 50%)
- Amounts (7(1)): €250 for flights of 1,500 km or less; €400 for all intra-EU flights of more than 1,500 km and for all other flights between 1,500 and 3,500 km; €600 for all other flights. Distance is to the final destination, so a long connecting journey can reach €600.
- 50% reduction (7(2)): if you are re-routed and arrive no more than 2, 3 or 4 hours (by distance band) after the original scheduled arrival, the airline may halve the amount.
- Payment (7(3)): in cash, by bank transfer or cheque – or travel vouchers only with your signed agreement.
- Distance (7(4)): measured by the great-circle route. Our flight distance calculator does this for you.
The amount does not depend on the ticket price, and applies equally to low-cost airlines. Under UK261 the figures are £220 / £350 / £520, and every flight over 3,500 km falls in the top band.
Article 8: refund or re-routing
Where Article 8 applies (cancellation, denied boarding, and delays of 5 hours or more), you can choose between:
- (1)(a) a refund within seven days of the full cost of the ticket at the price paid, for the parts not flown – and for parts already flown if the flight no longer serves any purpose in relation to your original travel plan – together with a return flight to your first point of departure at the earliest opportunity;
- (1)(b) re-routing to your final destination under comparable conditions at the earliest opportunity; or
- (1)(c) re-routing at a later date of your choosing, subject to seat availability.
The refund is paid the same way as compensation (money unless you agree in writing to vouchers). If the airline re-routes you to a different airport serving the same city, it must pay the transfer (8(3)). Article 8(2) excludes a separate airline refund for passengers on a package who have a refund right against the organiser (HQ v Aegean, C-163/18, 2019). See flight refund rights.
Article 9: the right to care
When care is due, you must be offered free of charge:
- meals and refreshments in a reasonable relation to the waiting time (9(1)(a));
- hotel accommodation where a stay of one or more nights, or a longer stay than you intended, becomes necessary (9(1)(b));
- transport between the airport and the accommodation (9(1)(c));
- two telephone calls, telex or fax messages, or e-mails (9(2)).
Special attention must go to passengers with reduced mobility, those accompanying them, and unaccompanied children (9(3)). Care is owed even when the disruption is caused by extraordinary circumstances: in McDonagh v Ryanair (C-12/11, 2013), about the 2010 volcanic ash closures, the Court held there is no time or money limit on the duty of care. From 23 October 2027, the amended Article 9(6) lets airlines limit hotel accommodation to three nights where the disruption is due to extraordinary circumstances (not for passengers with specific needs). If the airline does not provide it, keep receipts and claim the reasonable costs back.
Articles 10 and 11: downgrading and passengers with special needs
If you are placed in a higher class, the airline cannot charge you extra (10(1)). If you are placed in a lower class, it must refund within seven days (10(2)):
| Flight | Refund of the ticket price |
|---|---|
| 1,500 km or less | 30% |
| Intra-EU over 1,500 km (except between the European territory and the French overseas departments); other flights 1,500–3,500 km | 50% |
| All other flights (including between the European territory and the French overseas departments) | 75% |
See downgraded flight compensation. Article 11 requires airlines to give priority to persons with reduced mobility, anyone accompanying them, certified service dogs, and unaccompanied children, and to give them care under Article 9 as soon as possible in case of denied boarding, cancellation or delay of any length.
Articles 12 and 13: further compensation and redress
Article 12 keeps your right to further compensation – for example for a lost hotel booking or a missed event – under national law or the Montreal Convention. The fixed compensation may be deducted from it. Volunteers who accepted benefits under Article 4(1) cannot claim further compensation, subject to national law.
Article 13 lets an airline that has paid compensation or care recover the cost from anyone responsible, such as a tour operator or a third party. It does not limit your claim against the airline: the airline pays you first and pursues others afterwards.
Articles 14 and 15: information and no waiver
Article 14(1) requires a clearly visible notice at check-in telling passengers that, if they are denied boarding or their flight is cancelled or delayed for at least two hours, they can ask for the text stating their rights. Article 14(2) requires the airline that denies boarding or cancels a flight to give each passenger a written notice of the rules for compensation and assistance, and the contact details of the national enforcement body; this also applies to delays of at least two hours. Article 14(3) requires alternative means for blind and visually impaired passengers.
Article 15 says the airline's obligations may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage. If such a clause is applied, or if you were not properly informed and accepted lower compensation, you can still go to court for the difference (15(2)). Signing a settlement for less than the legal amount does not necessarily end your claim.
Articles 16 to 19: enforcement and final provisions
Article 16 requires each Member State to designate a national enforcement body for flights from its airports and flights from non-EU countries to its airports (16(1)), lets passengers complain to it or another designated body (16(2)), and requires "effective, proportionate and dissuasive" penalties (16(3)). In LOT (C-597/20, 2022) the Court of Justice confirmed that Member States may empower the enforcement body to order an airline to pay compensation to an individual passenger. Find the right body in national enforcement bodies or in our country guides – for example Germany, France, Spain, Italy, the Netherlands or Ireland. In the UK, enforcement is by the Civil Aviation Authority under UK261 Article 16 (see flight compensation in the UK).
Article 17 required the Commission to report on the regulation's operation by 1 January 2007. Article 18 repealed the previous denied-boarding Regulation (EEC) No 295/91. Article 19 set the date of application: 17 February 2005.
The regulation sets no deadline for claims; limitation periods come from national law (Moré, C-139/11, 2012). See time limits by country. In court you can generally sue at the place of departure or arrival as well as where the airline is based (Rehder, C-204/08, 2009).
The most important rulings of the Court of Justice
| Case | Year | Article | What the Court ruled |
|---|---|---|---|
| C-344/04 IATA and ELFAA | 2006 | 5–7 | The regulation is valid and compatible with the Montreal Convention. |
| C-549/07 Wallentin-Hermann | 2008 | 5(3) | A technical problem is not normally an extraordinary circumstance. |
| C-402/07 Sturgeon | 2009 | 6–7 | Arriving 3 hours or more late gives the same right to compensation as a cancellation. |
| C-581/10 Nelson | 2012 | 6–7 | Confirmed Sturgeon; delay compensation is compatible with the Montreal Convention. |
| C-139/11 Moré | 2012 | 5, 7 | Time limits for claims are set by national law. |
| C-12/11 McDonagh | 2013 | 9 | The duty of care continues in extraordinary circumstances, with no time or cost cap. |
| C-11/11 Folkerts | 2013 | 6–7 | On connections, the delay at the final destination counts. |
| C-452/13 Germanwings | 2014 | 2, 7 | Arrival time is when a door is opened and passengers may leave. |
| C-257/14 van der Lans | 2015 | 5(3) | A component failing prematurely is not extraordinary. |
| C-315/15 Pešková | 2017 | 5(3) | A bird strike can be extraordinary. |
| C-195/17 Krüsemann | 2018 | 5(3) | A "wildcat strike" of staff after a surprise restructuring is not extraordinary. |
| C-537/17 Wegener | 2018 | 3 | A connecting journey on one booking from the EU is covered even if the delayed leg is outside the EU. |
| C-28/20 Airhelp v SAS | 2021 | 5(3) | A strike by the airline's own staff called by a union is not extraordinary. |
| C-597/20 LOT | 2022 | 16 | Enforcement bodies may be empowered to order payment to individual passengers. |
Our case law library covers each decision in more depth, including UK cases such as Jet2.com v Huzar and Dawson v Thomson Airways.
The 2026 reform
After more than a decade of negotiation, the EU adopted an amending regulation, Regulation (EU) 2026/2202, published in the Official Journal on 2 October 2026. It applies from 23 October 2027. It keeps €250 / €400 / €600 and adds new procedural duties – among them, airlines must tell passengers about their compensation rights within 96 hours and pay or explain a refusal within 30 days, while passengers must claim within nine months of departure. Until then, the articles above apply unchanged. The reform does not change UK261. Details: the EU261 reform.
Frequently asked questions
What is the EU261 rule?
EU261 is Regulation (EC) No 261/2004. It gives air passengers fixed compensation of €250, €400 or €600 when they are denied boarding, when their flight is cancelled at short notice, or – as interpreted by the Court of Justice – when they reach their final destination 3 hours or more late, unless the airline proves extraordinary circumstances. It also gives rights to a refund or re-routing and to care (meals, hotel) while waiting.
Does EU261 apply to non-EU airlines?
Yes, on flights departing from an airport in the EU (and Iceland, Norway and Switzerland). Under Article 3(1)(a) every departure is covered whatever the airline, so an Emirates flight from Frankfurt or an American Airlines flight from Paris is protected. Flights into the EU are covered only if the operating airline is an EU airline (Article 3(1)(b)).
How much is EU261 compensation?
€250 for flights up to 1,500 km; €400 for flights within the EU over 1,500 km and other flights of 1,500–3,500 km; €600 for other flights over 3,500 km (Article 7(1)). It can be halved if the airline re-routes you and you arrive within 2, 3 or 4 hours of the original time, depending on distance (Article 7(2)). For example, Frankfurt–Lisbon (about 1,870 km) and Madrid–Warsaw (about 2,270 km) are €400 flights, and Warsaw–Tenerife (about 4,090 km) is also €400 because it stays within the EU. On UK261 flights the amounts are £220, £350 and £520.
How do I claim EU261 compensation?
Write to the operating airline, ideally with its claim form, giving the flight details and the amount. If it refuses or does not reply within 2 months, complain to the national enforcement body or ADR body of the country where the incident happened – for example the Luftfahrt-Bundesamt in Germany, AESA in Spain or the Passengers' Rights Ombudsman in Poland – and finally go to a national court or use the European Small Claims Procedure. Your nationality does not matter. See how to claim, the country guides for Germany, Spain and Poland, and our complaint letter generator.
Where can I read the official text?
On EUR-Lex: Regulation (EC) No 261/2004, in every official EU language. The UK version (UK261) is on legislation.gov.uk. The European Commission's interpretative guidelines (2016/C 214/04) summarise the case law up to 2016.
Can I waive my rights when I buy a ticket?
No. Article 15 says the airline's obligations cannot be limited or waived, notably by a restrictive clause in the contract of carriage. If you accepted less than you were owed without being properly informed, you can still claim the difference.
General information, not legal advice; we are not lawyers. We are an independent guide and an affiliate partner of AirHelp – see our affiliate disclosure.
Sources
- Regulation (EC) No 261/2004 of 11 February 2004 (official text) – EUR-Lex
- Interpretative Guidelines on Regulation (EC) No 261/2004 (2016/C 214/04) – European Commission
- Air passenger rights – Your Europe (European Commission)
- Regulation (EC) No 261/2004 – UK version (UK261) – legislation.gov.uk
- Judgment C-402/07 and C-432/07 Sturgeon (19 November 2009) – Court of Justice of the EU
- Judgment C-549/07 Wallentin-Hermann (22 December 2008) – Court of Justice of the EU
- Judgment C-344/04 IATA and ELFAA (10 January 2006) – Court of Justice of the EU
- Judgment C-139/11 Moré v KLM (22 November 2012) – Court of Justice of the EU
- Judgment C-597/20 LOT (29 September 2022) – Court of Justice of the EU
- Judgment C-163/18 HQ v Aegean Airlines (10 July 2019) – Court of Justice of the EU
- Evolution delivered: what Regulation (EU) 2026/2202 means for EU261 reform – Burges Salmon
We check every rule against the sources above. Spotted an error? Tell us – see our editorial policy.