EU261 Reform — September 2026Updated October 16, 2026
EU261: The €600 rule US travelers never collect.
Any flight departing a European airport — on any airline, including United, American, and Delta — owes you up to €600 in fixed compensation if it arrives 3 hours late. Most US travelers don't claim it. Airlines don't volunteer it. Here's exactly what you're owed and how to get it.
The one-minute version
Flying from any EU airport on any airline: covered. Your nationality doesn't matter.
Flying from the US to Europe on a US carrier (United, AA, Delta): NOT covered for the outbound leg.
Flying back from Europe to the US on any airline, including US carriers: covered.
3+ hours late at your final destination: €250, €400, or €600 depending on distance.
Cancelled with less than 14 days' notice: same amounts.
Airlines must pay even if they call it 'extraordinary circumstances' — unless they can prove it in court.
Are you covered? The three scenarios.
EU261 coverage is determined by two things: where the flight departs, and who operates it. Your nationality is irrelevant.
Scenario 1 — Departing from an EU airport on any airline
Your Paris–New York flight on United. Your Frankfurt–Chicago on American. Your Amsterdam–Toronto on Air Canada. All covered. EU261 applies to every flight departing an EU member state airport — including Iceland, Norway, and Switzerland — regardless of which airline operates it or where you're headed.
✓ Covered
Scenario 2 — Arriving in the EU on an EU-based carrier
Your New York–London flight on British Airways. Your Chicago–Frankfurt on Lufthansa. Your Boston–Paris on Air France. All covered. If you're flying into the EU from anywhere in the world, and the operating carrier is headquartered in an EU member state (or UK, for UK261), EU261 applies.
✓ Covered
Scenario 3 — Departing from the US on a non-EU carrier
Your New York–Frankfurt flight on United. Your Los Angeles–Paris on American. Your Boston–London on Delta. Not covered by EU261 — these are non-EU carriers departing non-EU airports. The DOT's rules apply instead, which do not include fixed cash compensation for delays.
✗ Not covered by EU261
The codeshare trap (the most common confusion)
A real scenario that trips people up
You fly Washington Dulles → Frankfurt on United (UA932), then Frankfurt → Malta on Lufthansa (LH1312), all on one booking. The United flight is delayed an hour. You miss the Lufthansa connection and arrive in Malta 7 hours late.
You file with United. United says: "Not our problem — the flight originated in the US." You file with Lufthansa. Lufthansa says: "Not our problem — we didn't cause the delay."
Both are correct.
The United leg (US departure, non-EU carrier) is not covered by EU261. Lufthansa is not liable for a delay it didn't cause. Under ECJ Case C-367/20, codeshare liability transfers only when the passenger's ticket shows the EU carrier's flight number on the US departure leg. If your ticket said UA932, not LH9253, Lufthansa has no obligation.
How to avoid this next time
Book with an EU carrier on a single ticket for the whole journey. If your ticket is issued by Lufthansa (even for the United-operated leg), Lufthansa is the contracting carrier and bears EU261 liability for your final arrival delay.
Booking separately (US carrier out, EU carrier back) means each leg is evaluated independently. The return leg from the EU airport is covered; the outbound leg from the US is not.
How much you're owed
Compensation is fixed — airlines cannot negotiate it down. The amounts below are per passenger, in euros, paid in cash (not vouchers, unless you agree).
Flight distance
Examples
Full amount
Reduced*
Under 1,500 km
London–Paris, Rome–Athens, Amsterdam–Berlin
€250
€125
1,500–3,500 km
London–Cairo, Frankfurt–New York*
€400
€200
Over 3,500 km
Paris–New York, Frankfurt–Boston, Madrid–Miami
€600
€300
* Reduced by 50% if the airline reroutes you and you arrive within 2 hours (short), 3 hours (medium), or 4 hours (long) of your scheduled time. Per passenger. These amounts haven't changed since 2004 — the 2026 reform didn't adjust for inflation.
† Frankfurt–New York at ~6,200 km qualifies for €600. Distance is the great-circle distance between airports, not the route flown.
What triggers compensation
Delay — 3 hours at final destination
EU261 measures delay at arrival, not departure. If your flight departs 4 hours late but recovers time in the air and arrives 2h50m late, no compensation is owed. If you depart 3 hours late and land 3h05m late, compensation is owed. The ECJ ruled in Sturgeon v Condor (2009) that delays of 3+ hours at destination are treated equivalently to cancellations for compensation purposes.
Cancellation — notified less than 14 days before departure
If your flight is cancelled and you were told less than 14 days in advance, you're owed the full compensation amount plus a choice: full refund, earliest available rerouting, or rerouting at a later date of your convenience. If notified 7–14 days out but rerouted within 2/4 hours before/after, compensation is reduced or eliminated. 14+ days' notice = no compensation.
Denied boarding (overbooking)
If the airline bumps you involuntarily — not because of security concerns or health/safety — the same €250/€400/€600 applies immediately, plus right to care and rerouting. Compensation kicks in even if you're eventually rerouted and arrive on time. If you volunteer to be bumped in exchange for benefits, you typically waive your EU261 rights — read what you're signing.
Downgrade
If you're moved to a lower cabin class, the airline must refund 30% of your ticket price (within 1,500 km), 50% (1,500–3,500 km), or 75% (over 3,500 km) within 7 days. This is in addition to any delay compensation if applicable. The 2026 reform will make this automatic.
Extraordinary circumstances: what airlines say vs. what the law says
Airlines deny more EU261 claims by citing "extraordinary circumstances" than any other reason — and they're wrong far more often than they're right. The burden of proof is on the airline, not you. If they can't prove the event was both genuinely extraordinary AND that they took every reasonable measure to avoid the delay, they owe you.
Airlines legitimately don't have to pay
—Genuinely severe, unusual weather (not routine fog or rain)
—ATC strikes by third parties (not airline staff)
—Political instability affecting the departure/arrival country
—Security threats affecting the specific flight
—Hidden manufacturing defects not detectable in standard maintenance (rare)
Airlines claim this but they're wrong
—Most technical problems (ECJ: inherent to airline operations, not extraordinary)
—Internal airline strikes — crew, ground staff (ECJ Case C-22/11)
—Routine fog, wind, or rain the airport handles regularly
—Crew sickness or crew availability issues
—IT failures and system outages
—Bird strikes (ECJ: not extraordinary if aircraft can be quickly inspected and cleared)
What to say when the airline cites extraordinary circumstances
Ask them in writing to specify: (1) exactly which extraordinary circumstance applies, (2) how that circumstance directly caused your specific delay, and (3) what measures they took to avoid the delay or minimize its impact. Most airlines will not be able to provide a legally sufficient answer. If they can't, the extraordinary circumstances defense fails.
Your right to care — regardless of compensation
Separate from fixed compensation, EU261 requires airlines to provide care whenever a delay reaches the waiting threshold. This applies even if the delay is caused by extraordinary circumstances.
Flight type
Wait before care kicks in
What you get
Under 1,500 km
2 hours
Meals, refreshments, 2 phone calls or emails
1,500–3,500 km
3 hours
Same
Over 3,500 km
4 hours
Same
Any — overnight delay
When rescheduled to next day
Hotel accommodation + airport transfer
Keep every receipt.
Airlines often don't proactively provide care. If they don't, you can purchase meals and accommodation yourself and claim reimbursement — but only for reasonable amounts. A €200 dinner won't fly. Keep receipts for everything and submit them with your claim citing Article 9 of Regulation 261/2004.
At the airport right now? Do this before you leave.
1
Ask the gate agent for written confirmation of the delay reason. A screenshot of the departure board is useful backup, but written confirmation from the airline is better for claims.
2
Keep your boarding pass — digital or paper. You'll need it to prove you were on the flight.
3
Buy meals and keep receipts if the airline doesn't provide vouchers. Cap it at what's reasonable (€15–25 per meal). You'll claim reimbursement under Article 9.
4
If they offer you a rerouting, ask for confirmation in writing of the new flights and note the original scheduled arrival time of your disrupted flight.
5
Do not sign anything waiving rights in exchange for a voucher unless the voucher equals full cash compensation. Once you sign a waiver, your EU261 claim is gone.
6
If denied boarding: ask the airline for the specific regulation they're citing and the compensation amount you're owed. Denied boarding owed the fixed amounts immediately.
How to claim EU261 compensation
1
Get documentation at the airport
Ask for written confirmation of the delay reason before you leave the airport. Take a photo of the departure board. Save all boarding passes. If you incurred costs (meals, hotel), keep every receipt.
2
File directly with the airline
Submit a written claim citing Article 7 of Regulation (EC) No 261/2004. Airlines must respond within 14 days (30 days under the 2026 reform). Always request cash — not vouchers. Do not accept a voucher as settlement unless it equals the full cash amount.
3
Escalate to the National Enforcement Body
If the airline denies your claim or ignores you, file with the NEB in the country of departure: UK Civil Aviation Authority (UK261), Luftfahrt-Bundesamt (Germany), DGAC (France), AESA (Spain), CAA (Ireland). Most are free.
4
Use Alternative Dispute Resolution
Every EU country has an ADR scheme. This is binding on airlines in most jurisdictions and is free to passengers. Faster than court and more effective than most people expect.
Claim letter — copy and edit
Subject: EU261 Compensation Claim — Flight [FLIGHT NUMBER], [DATE]
Dear [Airline Name] Customer Relations,
I am writing to claim compensation under Article 7 of Regulation (EC) No 261/2004 (EU261) for the delay to flight [FLIGHT NUMBER] on [DATE] from [DEPARTURE AIRPORT] to [ARRIVAL AIRPORT].
My flight arrived at [ARRIVAL AIRPORT] approximately [X] hours and [Y] minutes after the scheduled arrival time of [SCHEDULED TIME]. Under Article 7, I am entitled to compensation of €[AMOUNT] per passenger.
Booking reference: [REFERENCE]
Passenger name(s): [YOUR NAME(S)]
Number of passengers: [X]
Please respond within 14 days with either payment or a detailed written explanation of your grounds for denial, including the specific extraordinary circumstance under Article 5(3) and the measures taken to avoid the delay.
I request payment in cash (bank transfer or original payment method), not in travel vouchers.
[YOUR NAME]
[YOUR EMAIL]
[DATE]
Replace brackets with your details. If claiming for meals/hotel under Article 9, attach receipts and add an itemized list.
Should you use a third-party claim service?
Services like AirHelp, EuClaim, Flightright, and Skycop file claims on your behalf for a commission of 15–35%. They're good at applying pressure and know the enforcement process in each country.
Worth using when
—The airline has already denied your direct claim
—The departure country's NEB process is bureaucratic (Spain, Italy)
—It's been more than 6 months and you haven't engaged a lawyer
—You don't want to deal with the paperwork
Not worth using when
—You haven't tried filing directly yet (free, often succeeds)
—The claim is straightforward (major carrier, obvious covered delay)
—The departure was from Germany, UK, or Netherlands (NEBs are fast and effective)
—You understand the process — they're just middlemen
AirHelp charges 35% + VAT on top. On a €600 claim that's ~€250 gone. Try direct filing first — you can always escalate to a service if you hit a wall.
EU261 vs US DOT: the side-by-side
The US has no equivalent to EU261. Here's exactly what each regime covers.
After Brexit, the UK retained EU261 as domestic law under the name UK261. The rules are nearly identical — same three-tier compensation structure (converted to £220 / £350 / £520 at fixed post-Brexit exchange rates), same extraordinary circumstances defense, same right to care.
UK261 applies to: flights departing any UK airport (any airline), and flights arriving in the UK operated by a UK or EU carrier. The UK's claims window is 6 years — the most generous of any jurisdiction. Enforcement is through the UK Civil Aviation Authority and ADR schemes like CEDR and CISAS.
If you had a delayed or cancelled flight from Heathrow, Gatwick, Manchester, Edinburgh, or any other UK airport, UK261 applies — even if you flew on British Airways, Virgin Atlantic, Ryanair, or easyJet.
The 2026 EU261 reform: what's changing (and when)
European Parliament voted July 7, 2026 · Council confirmation expected late 2026 · 12-month airline adaptation period · Effective practice: late 2027
New
Free cabin bag on every ticket
Every fare must include one personal item fitting under the seat (up to 40×30×15 cm). Overhead trolley bags can still be charged for. Fares must display the bag-inclusive price first at point of sale.
New
Free family seating
Airlines must seat children under 14 next to a parent or guardian at no extra charge. Same for companions of disabled passengers and pregnant women.
New
Unified 9-month claims deadline
Replaces the current patchwork of national time limits (Germany 3 years, Spain 1 year, France 5 years, UK 6 years). The 9-month clock starts when the airline notifies you of the disruption. Airlines must send that notification within 4 days and include a direct claim link.
New
30-day airline response requirement
Airlines must acknowledge and respond to EU261 claims within 30 days — replacing the informal current practice where many airlines simply ignore claims for months.
New
Tarmac delay exit right
Passengers must be allowed to exit the aircraft after 2 hours on the tarmac if the flight has not departed.
New
Rerouting on any available carrier
After a cancellation, airlines must offer rerouting on the earliest available flight on any carrier — not just their own network. Rail and bus are included for short routes.
Unchanged
Compensation amounts stay at €250 / €400 / €600
Airlines lobbied hard to raise the delay threshold and reduce amounts. Both proposals were rejected. The 3-hour delay trigger and all compensation amounts remain exactly as they were in 2004.
National Enforcement Bodies — who to escalate to
File with the NEB in the country where your covered flight departed.
Do I have to be a European citizen to claim EU261?
No. EU261 applies to any passenger regardless of nationality, passport, or residence. A US citizen, Canadian, Australian, or anyone else on a covered flight has exactly the same rights as a French citizen.
I booked with miles — am I still covered?
Yes. Award ticket holders are covered by EU261. The only exclusion is for passengers traveling on tickets 'not available directly or indirectly to the general public' — which typically means industry/airline employee fares, not points and miles tickets you could have purchased.
Can I claim EU261 if I also get a refund?
Yes. A refund and EU261 compensation are separate entitlements. If your flight is cancelled and you choose a refund, you're still owed the fixed compensation amount (€250/€400/€600) in addition to the ticket refund.
The airline offered me a voucher. Should I take it?
Only if it equals the full cash amount you're owed. Under EU261, you have the right to cash (bank transfer or original payment method). Airlines routinely offer vouchers worth 20–30% more than the cash amount — the extra value is their way of getting you to settle. If you'd genuinely use the voucher, it may be a good deal. If you take the voucher and sign anything, your EU261 cash claim is likely waived.
My flight was delayed but the airline says it was weather — do I still have a claim?
Possibly. Weather is only an extraordinary circumstance if it was genuinely severe and not foreseeable. Routine fog, rain, wind, or cold that the airport and airline handle regularly does not qualify. Even if weather caused an initial delay, if the airline's crew went out of duty hours or the plane had to reposition — adding additional delay beyond the weather — they may owe compensation for that additional portion. Ask the airline for documentation of the specific weather event and whether NOTAM or ATC directives were issued.
How long do I have to file an EU261 claim?
Under current law, it varies by country: Germany 3 years, UK 6 years, France 5 years, Spain 1 year, Netherlands 2 years. Under the 2026 reform (expected late 2027), a unified 9-month deadline will apply from the date of the disruption notification. Until then, check the departure country's statute of limitations.
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