Regulation (EC) 261/2004: the complete guide to EU passenger rights

Regulation (EC) No 261/2004 of 11 February 2004 is the cornerstone of European air passenger protection. In just 19 articles, it sets out a regime of compensation and assistance that has become one of the world's most passenger-friendly. This guide explains everything you need to know.

1. Scope — who is covered?

Article 3 defines who can claim under EC 261:

• Any passenger departing from an EU/EEA/Swiss airport, regardless of the airline's nationality. So a Royal Air Maroc flight Paris→Casablanca is covered, even though RAM is not European.
• Any passenger flying to an EU/EEA/Swiss airport on an EU-licensed airline. So an Air France New York→Paris flight is covered.

EU-licensed airlines include Air France, KLM, Lufthansa, Brussels Airlines, Iberia, TAP, Ryanair, Vueling, easyJet, Wizz Air, Aer Lingus, Finnair, SAS, ITA Airways, LOT, Tarom, etc.

2. The three triggering events

Cancellation (Article 5)

A flight is cancelled when it does not operate at all, or operates with such a major schedule change that it amounts to a different service. Compensation is due if the airline notifies you less than 14 days before departure — unless it proves extraordinary circumstances.

Denied boarding (Article 4)

You have a confirmed reservation, you present yourself on time at check-in, and the airline refuses to let you board. Most often due to overbooking. Compensation is due regardless of the airline's operational reason (Rodríguez Cachafeiro, CJEU 2012).

Long delay (Article 6 + Sturgeon ruling)

The Regulation text only explicitly mentions delay as triggering care obligations (meals, hotel), not compensation. But the Sturgeon ruling (CJEU, 19 November 2009, C-402/07) held that a 3-hour delay at the final destination triggers the same compensation as cancellation. This rule has been settled case law ever since (Nelson v Lufthansa, 2012).

3. Compensation amounts (Article 7)

Important details:

• Per passenger, not per booking. Family of 4 = 4 × the amount.
• Children with a paid seat are included. Infants without a seat are excluded.
• Cash or bank transfer by default. Vouchers only with explicit passenger consent (Article 7(3)).
• For connecting flights with a single ticket, distance is calculated from initial departure to final destination (Folkerts ruling).
• Compensation can be reduced by 50% if the airline offers rerouting arriving within 2-4 hours of the original.

4. Care obligations (Article 9)

Whatever the cause — including extraordinary circumstances — the airline must provide:

• Meals and refreshments proportionate to the waiting time
• Hotel accommodation when one or more nights' stay becomes necessary
• Transport between the airport and accommodation
• Two free phone calls, telex, fax or email messages

The McDonagh ruling (CJEU, 2013) confirmed these care obligations have no time limit, even during the 2010 Eyjafjallajökull volcanic ash episode.

5. Right to refund or rerouting (Article 8)

In case of cancellation or denied boarding, you can choose between:

• Full refund within 7 days of the original ticket price (paid in cash, bank transfer or voucher with your consent)
• Rerouting at the earliest opportunity
• Rerouting at a later date of your choice, subject to seat availability

The choice is yours, not the airline's. They cannot impose vouchers if you want cash.

6. Extraordinary circumstances (Article 5(3)) — the airline's only defence

Compensation is NOT due if the airline proves the disruption resulted from extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. The CJEU has progressively narrowed this exception:

Burden of proof lies with the airline (Article 5(3) and constant case law since Eglītis, 2011).

7. Information obligation (Article 14)

At check-in and at boarding, airlines must visibly inform passengers of their rights under EC 261 (often via a poster or leaflet). Failure to inform does not deprive you of your rights but can be sanctioned by national authorities.

8. Limitation periods (when can you still claim?)

EC 261 itself does not set a limitation period. The Cuadrench Moré ruling (CJEU, 2012) referred this to national law. Key periods:

The Folkerts/flightright rulings let you choose between the court of departure and the court of arrival. Pick the most favourable limitation period (often France or UK).

9. How to claim under EC 261

1. Gather evidence: boarding passes, booking confirmation, photos of departure boards, receipts.
2. Send a formal claim to the operating airline by certified letter or email, citing EC 261 Article 7 (and the relevant CJEU rulings).
3. Wait reasonable time (usually 30-60 days).
4. If refused: escalate to the national enforcement body (DGAC in France, CAA in UK, etc.) OR seize the competent court (departure or arrival jurisdiction) OR mandate a professional service like Robin des Airs.

10. EC 261 in practice — what to remember

• The threshold is 3 hours at final destination, not at departure.
• Amounts are per passenger: €250 / €400 / €600 depending on distance.
• Care obligations are non-negotiable (meals, hotel, transport).
• "Technical issue" is not a valid excuse in 90% of cases.
• You can refuse a voucher and demand cash.
• Burden of proof lies with the airline, not you.
• You have years to claim (3 to 6 depending on jurisdiction).

For an individual assessment of your case, use our simulator or contact us via WhatsApp.

Related articles

• Full CJEU case law on EC 261
• Extraordinary circumstances explained
• Compensation amounts €250, €400, €600
• Airline refuses your claim: next steps