EC261 (Regulation (EC) 261/2004): the complete guide to EU passenger rights

Regulation (EC) No 261/2004 of 11 February 2004, commonly known as EC261, 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, Wizz Air, Aer Lingus, Finnair, SAS, ITA Airways, LOT, Tarom, etc.

Official reference: this regulation and its scope are also explained by the French civil aviation authority's DGAC FAQ on air passenger rights, and by the Service-Public.fr air travel hub (English), the French government's citizen information portal.

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 and meet the applicable boarding conditions, and the airline refuses to let you board against your will. Most often due to overbooking, but the concept is not limited to traditional overbooking cases (Rodríguez Cachafeiro, CJEU 2012, C-321/11). Article 2(j) excludes cases where the refusal is based on reasonable grounds such as health, safety, security, or inadequate travel documents. If you accept the airline's own call for volunteers to give up your seat in exchange for agreed benefits (Article 4(1)), the compensation regime of Article 7 does not automatically apply the way it does for an involuntary refusal; your rights then depend on the terms you accepted with the airline.

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). This can hold even when the segments are operated by different carriers (flightright, CJEU 2022, C-436/21) or when a connecting stop is outside the EU (Wegener, C-537/17), as long as the whole journey was combined in a single booking.
• For cancellation or denied boarding, Article 7(2) allows the airline to halve the compensation if it reroutes you to your final destination within a set number of hours of your original scheduled arrival time: 2 hours for flights up to 1,500 km, 3 hours for flights between 1,500-3,500 km, and 4 hours for flights above 3,500 km.

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). The core CJEU test: the event must, by its nature or origin, not be inherent to the normal exercise of the carrier's activity and be beyond its actual control. And an extraordinary circumstance does not automatically clear the airline: it must still show it took all reasonable measures to avoid the disruption or limit its consequences.

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:

Limitation periods vary by national law: Regulation 261/2004 does not establish a uniform EU limitation period, and the CJEU has confirmed that national law determines the applicable time limit. The flightright ruling (CJEU, C-274/16) does give claimants a choice between the court of the place of departure and the court of the place of arrival for jurisdiction purposes, but that choice concerns which court can hear the case, not which country's limitation period applies. Before relying on a specific deadline, check the law applicable to your claim and the competent court.

In France, claims based on the flat-rate compensation of Regulation 261/2004 are generally subject to the five-year ordinary limitation period, subject to the exact characterisation of the claim and the circumstances of the case. The French Cour de cassation has confirmed that this standardised compensation (Articles 5 and 7) is not subject to the two-year limitation period of the Montreal Convention, and that the applicable time limit is a matter of national law.

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).
• An ordinary technical issue is generally not a valid excuse, per Wallentin-Hermann and van der Lans.
• You can refuse a voucher and demand cash.
• Burden of proof lies with the airline, not you, including proof that it took all reasonable measures.
• The claim window depends on your national law, not on EC 261 itself (in France, generally 5 years).

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

Sources & case law

• Regulation (EC) No 261/2004, full text (EUR-Lex)
• CJEU case law database
• DGAC, air passenger rights leaflet (2026)
• French Cour de cassation, pourvoi n°18-20.490 (limitation period)

Related articles

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