EU 261 Explained
Regulation (EC) 261/2004 · Sources: European Commission · EASA · Your Europe portal · CJEU case law
Regulation (EC) 261/2004 — known as EU 261 — sets passenger rights for flights departing an EU airport (any carrier) or arriving in the EU on an EU carrier. It covers denied boarding, cancellation, long delays, and downgrades. Compensation is fixed: €250 for short flights (≤1,500 km), €400 for medium (1,500–3,500 km intra-EU or any 1,500–3,500 km flight), and €600 for long flights (>3,500 km non-EU). Compensation is not due if the carrier proves extraordinary circumstances. The UK kept its own near-identical version after Brexit, called UK 261. Revisions to EU 261 are still being negotiated in 2026 — this guide reflects the law as currently in force.
When EU 261 applies
EU 261 applies to passengers when at least one of the following is true:
- →You depart from an airport in the EU, Norway, Iceland, or Switzerland (any operating carrier)
- →You arrive at an EU/EEA/Swiss airport on a carrier licensed in the EU/EEA
- →You have a confirmed reservation and presented yourself on time for check-in
- →You are not travelling free of charge or on a non-public reduced fare
The regulation covers the operating carrier — the airline actually flying the segment — not necessarily the airline that sold the ticket.
The four covered events
Usually overbooking. Carrier must first ask for volunteers in exchange for benefits, then offer involuntarily-bumped passengers full compensation, reimbursement or rerouting, and care.
Flight is cancelled. You are entitled to reimbursement or rerouting plus care, and to compensation unless one of these applies: you were informed at least 14 days in advance, OR notified 7–13 days in advance and offered rerouting within a tight time window, OR the carrier proves extraordinary circumstances.
Article 6 itself only entitles you to care and rerouting after specified delays at departure. However, the Court of Justice of the EU in the Sturgeon and Nelson rulings held that a delay of 3 hours or more at the final destination entitles passengers to the same fixed compensation as for cancellation, unless extraordinary circumstances apply.
If you are placed in a class lower than the one you bought, the carrier must reimburse a percentage of the ticket price: 30% short, 50% medium, 75% long — within 7 days.
Compensation amounts (Article 7)
| Flight category | Distance | Compensation |
|---|---|---|
| Short | ≤ 1,500 km | €250 |
| Medium (any >1,500 km intra-EU; or 1,500–3,500 km others) | 1,500–3,500 km | €400 |
| Long (non-intra-EU) | > 3,500 km | €600 |
Compensation may be reduced by 50% if the carrier offers rerouting that arrives within 2 / 3 / 4 hours of the original scheduled time (short / medium / long).
Right to care — what the airline must provide
Independent of monetary compensation, after specified delay thresholds (typically 2 / 3 / 4 hours depending on distance) the carrier must provide:
- →Meals and refreshments proportionate to the waiting time
- →Two phone calls or equivalent communications
- →Hotel accommodation if an overnight stay is required, plus transfers between hotel and airport
- →Reimbursement or rerouting after a 5-hour delay
Care is a duty of the carrier even when extraordinary circumstances apply. Compensation may be excluded; care is not.
Extraordinary circumstances
Article 5(3) exempts the carrier from compensation if the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. The CJEU has been strict about what qualifies. Generally accepted examples:
- ✓Severe weather making the flight unsafe
- ✓Air-traffic-control strike actions external to the airline
- ✓Bird strike causing immediate damage (CJEU Pešková, C-315/15)
- ✓Security risks, civil unrest, airport closure by authorities
- ✓Volcanic ash event closing airspace
Generally not accepted as extraordinary:
- ✗Routine technical problem inherent to normal airline operations (CJEU Wallentin-Hermann, C-549/07)
- ✗Strike by the airline's own crews (treated as part of operational risk by CJEU Krüsemann, C-195/17)
- ✗Aircraft rotation knock-on effects from earlier disruptions, unless the original cause itself was extraordinary
UK 261 — what changed after Brexit
The UK retained EU 261 substantially as UK 261 via the European Union (Withdrawal) Act 2018 and subsequent statutory instruments. Key points for UK-departing flights from 2021:
- →Compensation tiers match EU 261 but are denominated in GBP: roughly £220 / £350 / £520 (the precise figure varies with exchange-rate-tracking adjustments by the UK CAA)
- →Enforcement body: UK Civil Aviation Authority (CAA)
- →Applies to: flights departing the UK on any carrier, or arriving in the UK on a UK carrier
- →UK courts continue to refer to pre-Brexit CJEU case law as persuasive, but UK case law is now developing its own line
EU 261 vs US DOT rules — quick comparison
| Topic | EU 261 | US DOT |
|---|---|---|
| Cancellation compensation | €250–€600 unless extraordinary | No fixed federal compensation; refund only for "significant" change |
| Long delay compensation | Yes, after 3 h at destination | No federal compensation for delay |
| Denied boarding (involuntary) | €250 / €400 / €600 tier | Up to 400% of fare, capped (14 CFR 250) |
| Tarmac delay | Not specifically addressed | DOT rule: must deplane after 3 h domestic / 4 h international |
| Refund timing | 7 days | 7 days (credit card) / 20 days (other) — DOT 2024 rule |
How to claim
- Gather documents — booking confirmation, boarding pass, any written notice from the carrier, receipts for meals/hotels.
- Contact the operating carrier in writing — most airlines have an EU 261 claim form. State the regulation, flight, and amount.
- Allow the carrier a reasonable time to respond — typically 8 weeks.
- Escalate to the National Enforcement Body (NEB) of the EU country where the disruption happened, or the UK CAA for UK departures.
- Court / small claims as a last resort. Claims agencies and law firms offer paid services that pursue the claim for a fee.
2026 status — ongoing revision
A long-standing legislative revision of EU 261 is under negotiation. In 2025 the Council reached a common position, and the European Parliament adopted its own line, with continued negotiations expected through 2026. Proposals discussed include changes to delay thresholds, clearer definitions of extraordinary circumstances, and updates to compensation amounts. Nothing in those proposals has come into force as of 2026-05-20. This guide reflects the regulation as currently applied.
Sources
- Regulation (EC) No 261/2004 — full official text (EUR-Lex)
- European Commission — Air Passenger Rights — official information pages
- Your Europe portal — practical EU citizen guidance on passenger rights
- CJEU case law — Sturgeon (C-402/07), Nelson (C-581/10), Wallentin-Hermann (C-549/07), Pešková (C-315/15), Krüsemann (C-195/17)
- UK CAA — UK 261 enforcement guidance
- US DOT 14 CFR Part 250 — Oversales (denied boarding compensation)