Flight delay compensation time limits by country

Why there is no single deadline

Regulation (EC) No 261/2004 creates the right to compensation but says nothing about how long you have to enforce it. In Moré v KLM (C-139/11, 22 November 2012) – a claim brought in Spain over a 2005 cancellation – the Court of Justice held that the time limits for bringing actions for compensation under Articles 5 and 7 are determined by the rules of each Member State on limitation of actions. It also rejected the argument that the Montreal Convention's 2-year limit should apply, because EU261 compensation falls outside the Convention.

The UK has gone further and written the answer into UK261: since 14 December 2023, Article 3(9) says that "for limitation purposes" a claim is determined in accordance with section 9 of the Limitation Act 1980.

Time limits by country (verified only)

We include a country only where we found the rule in the statute itself, a court decision or a reliable legal source, linked below. Where the courts are divided, or we could not confirm the current rule, we have left the country out rather than guess.

Not listed: Spain, the Netherlands, Belgium, Italy and other countries. For some of them, lower courts and legal commentators give different periods, or the rule has changed recently; we will add rows once we can cite a reliable source. If your claim depends on one of these countries, check with the national enforcement body, the European Consumer Centre or a local lawyer – see national enforcement bodies.

The UK in detail

England and Wales: 6 years

Section 9(1) of the Limitation Act 1980 says that an action to recover any sum recoverable by virtue of any enactment "shall not be brought after the expiration of six years from the date on which the cause of action accrued". UK261 compensation is such a sum, and Article 3(9) of UK261 now points expressly to section 9. In practice the clock starts on the date of the disrupted flight. What must happen within the 6 years is the issue of court proceedings; a letter to the airline, an ADR application or a claim through a claims company does not by itself stop the clock.

Scotland: 5 years

Scots law works by prescription: under section 6 of the Prescription and Limitation (Scotland) Act 1973, an obligation to which the section applies is extinguished if it subsists for a continuous period of five years without a relevant claim being made or the obligation being relevantly acknowledged. The CAA's ADR guidance states the limit as "six years (five if you live in Scotland)". Note that the CAA ties the five years to where you live; strictly, which rule applies depends on which court has jurisdiction and which law governs – see below. If you live in Scotland, treat five years as your deadline. Our Simple Procedure guide explains how to claim in the Scottish courts.

Northern Ireland: 6 years

Article 4 of the Limitation (Northern Ireland) Order 1989 sets six years for actions founded on simple contract and for actions to recover sums recoverable by virtue of a statutory provision. The CAA's general "six years" statement is consistent with this. See claiming in Northern Ireland and Ireland.

Dawson v Thomson Airways: why the 2-year Montreal limit does not apply

Airlines long argued that delay compensation was really a claim for "damage occasioned by delay" under the Montreal Convention, and so subject to its 2-year time bar in Article 35. The Court of Appeal rejected that in Dawson v Thomson Airways Ltd [2014] EWCA Civ 845, judgment of 19 June 2014 (Moore-Bick, Kitchin and Fulford LJJ).

• Facts: Mr Dawson's December 2006 flight from Gatwick to the Dominican Republic arrived more than six hours late because of crew shortages. He issued proceedings in December 2012 – six years later, but just within the period in section 9 of the Limitation Act 1980.
• The airline's argument: the claim was time-barred after 2 years under Article 35 of the Montreal Convention.
• Decision: the appeal was dismissed. Following the Court of Justice in Sturgeon and Nelson, the right to compensation under Regulation 261/2004 lies outside the Convention; the Convention is an exclusive code only for matters within its scope. The Court also relied on Moré, which held that limitation for EU261 claims is governed by national law. The six-year period applied, and Mr Dawson's judgment stood.

The decision opened the way for passengers in England and Wales to claim for flights up to six years old. Since 14 December 2023 the same result is written into UK261 itself (Article 3(7)–(9)). Our case law library covers other leading decisions.

Which country's limit applies to your claim?

The limitation period depends on where you bring the claim and which law governs it, not simply on where you live or which airline you flew.

• The court you use. For EU261 claims, the Court of Justice has held that you may sue at the place of departure or the place of arrival (Rehder, C-204/08, 2009), as well as in the airline's home country. For UK261 claims, passengers usually sue in their home UK jurisdiction where the flight departed from or arrived in the UK.
• The law that governs the claim. In the EU, the Rome I Regulation treats limitation as part of the law applicable to a contract (Art. 12(1)(d)) and has special rules for passenger carriage (Art. 5(2)), which often point to the law of the passenger's habitual residence where the flight starts or ends there. How this applies to EU261 claims is a technical question that national courts answer.
• UK261 in UK courts. For UK261 claims, Article 3(9) points to section 9 of the Limitation Act 1980 (England and Wales); Scottish courts apply the 1973 Act.

If your claim is close to a deadline in one country but well within it in another, get advice before you rely on the longer period.

Other deadlines you should know

From October 2027: a 9-month window for EU261 claims

The EU's amending Regulation (EU) 2026/2202 was published in the Official Journal on 2 October 2026 and applies from 23 October 2027. Among other changes, passengers will have to submit compensation claims to the airline within nine months of departure, and airlines will have to acknowledge the claim immediately and pay, or give a reasoned refusal, within 30 calendar days (Article 7(9)). The change affects EU261 only: it covers flights from the EU, and into the EU on EU airlines, including EU-to-UK flights. It does not change UK261, which keeps the Limitation Act period unless the UK legislates. The regulation contains no transitional rule. It applies from 23 October 2027, so the 9-month window is expected to apply to flights from that date, while earlier flights stay under the national limitation periods above. See the EU261 reform.

Practical advice

• Claim early. Evidence is easier to find, airlines still have their operational records, and you avoid limitation arguments altogether.
• Calculate your own deadline from the flight date and the table above, and diary a date well before it.
• Remember what stops the clock. In England and Wales, issuing court proceedings stops it; writing to the airline or using ADR does not. In Scotland, a "relevant claim" or acknowledgment has that effect.
• Claims companies have their own windows. AirHelp typically accepts flights up to 3 years old; other firms differ (see claim companies compared). For older flights you may need to claim yourself – our how to claim guide and letter before action template will help.

Frequently asked questions

How long after a flight delay can I claim compensation?

It depends on the law that governs your claim, because EU261 and UK261 set no deadline of their own for compensation claims. For UK261 claims in England and Wales the limit is 6 years (Limitation Act 1980, s.9); in Scotland 5 years; in Germany 3 years from the end of the year of the flight; in France 5 years. For flights from 23 October 2027, the reformed EU261 will add a 9-month window for claiming from the airline.

Can I claim for a flight delay from 5 years ago?

Possibly. A UK261 or EU261 claim brought in the courts of England and Wales can go back 6 years from the date of the flight, so a 5-year-old flight may still be in time there. In Scotland the period is 5 years, so it may be out of time. Check the table on this page and act quickly – the deadline is for starting court proceedings, not just for writing to the airline.

Does the airline's own deadline in its terms and conditions count?

Airlines cannot cut down your EU261/UK261 rights by contract: Article 15 says the obligations to passengers may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage. A short claims window in an airline's conditions does not replace the statutory limitation period – but it is still sensible to claim promptly.

Is there a time limit for Ryanair, easyJet or British Airways claims?

The limit depends on the law and court, not the airline. For a flight departing the UK on any of these airlines, a claim in England and Wales has 6 years. For a flight from, say, Germany on Ryanair, a German court would apply three years from the end of the year of the flight. If you use an ADR scheme, you must apply within 12 months of the airline's final response.

Does the Montreal Convention 2-year limit apply to delay compensation?

No, not to EU261/UK261 fixed compensation. The Court of Appeal held in Dawson v Thomson Airways [2014] EWCA Civ 845 that the Convention's 2-year limit does not apply, and UK261 now says so expressly (Article 3(7)–(9)). The 2-year limit does apply to Montreal Convention claims, such as baggage and proven financial loss from delay.

How old a flight will AirHelp accept?

AirHelp typically accepts claims for flights up to 3 years old. That is a business choice by the company, not the legal limit. For older flights in a country with a longer limitation period, you may still be able to claim yourself.

Limitation rules are technical and can change. This page is general information, not legal advice, and we are not lawyers; if you are close to a deadline, take advice. We are an independent guide and an affiliate partner of AirHelp – see our affiliate disclosure.

Sources

1. Limitation Act 1980, section 9 – legislation.gov.uk
2. Regulation (EC) No 261/2004 – UK version, Article 3(7)–(9) – legislation.gov.uk
3. Dawson v Thomson Airways Ltd [2014] EWCA Civ 845 – The National Archives – Find Case Law
4. Prescription and Limitation (Scotland) Act 1973, section 6 – legislation.gov.uk
5. Limitation (Northern Ireland) Order 1989, article 4 – legislation.gov.uk
6. Statute of Limitations 1957 (Ireland), section 11 – Law Reform Commission of Ireland
7. BGH X ZR 62/23: Kurze Verjährung gilt nicht für Fluggastrechte (4 June 2024) – beck-aktuell
8. Retard ou annulation de vol : 5 ans pour demander l'indemnisation (Cour de cassation, 10 October 2019) – UFC-Que Choisir
9. Act V of 2013 on the Civil Code (Hungary), section 6:22 – Nemzeti Jogszabálytár
10. Judgment C-139/11 Moré v KLM (22 November 2012) – Court of Justice of the EU
11. Alternative dispute resolution (time limits for ADR) – UK Civil Aviation Authority
12. 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.