EU261 Flight Compensation: When Airlines Must Pay (And When They Illegally Refuse)

Introduction: Why EU261 Is the Most Powerful Passenger Protection Law in the World

EU Regulation 261/2004 (commonly known as EU261) is the strongest flight compensation law globally. It grants passengers fixed monetary compensation when airlines cause delays, cancellations, denied boarding, or missed connections.

Yet despite being in force for more than 20 years, airlines still illegally refuse thousands of valid EU261 claims every day — relying on passenger confusion, misinformation, and procedural tricks.

This guide explains exactly when airlines must pay under EU261, when they are allowed to refuse, and how airlines abuse legal grey zones to avoid compensation.

If your flight was delayed, cancelled, or disrupted — claim your compensation with professionals.

Check compensation

What Is EU261 Regulation?

EU261 is a European Union regulation that establishes mandatory passenger rights in cases of flight disruption caused by the airline.

Unlike the Montreal Convention, EU261 provides:

• Fixed compensation amounts

• No need to prove financial loss

• Clear airline liability rules

• Strict deadlines and standards

EU261 applies regardless of ticket price, travel class, or nationality of the passenger.

When Does EU261 Apply?

EU261 applies if at least one of the following conditions is met:

1. Departure from the EU

Your flight departs from an EU airport, regardless of airline nationality.

✔ EU airline
✔ Non-EU airline

2. Arrival in the EU with an EU Airline

Your flight arrives in the EU from a non-EU country and is operated by an EU-based airline.

✘ Non-EU airline arriving in EU
✔ EU airline arriving in EU

3. Flights Within the EU

All intra-EU flights are fully covered, regardless of distance.

Countries Covered by EU261

EU261 applies in:

• All 27 EU countries

• Iceland

• Norway

• Switzerland

Including outermost regions such as:

• Canary Islands

• Azores

• Madeira

• French overseas departments

What Types of Disruptions Are Covered Under EU261?

EU261 covers disruptions within the airline’s control, including:

• Technical aircraft issues

• Crew shortages

• Operational failures

• Aircraft rotation problems

• Late incoming aircraft

• Airline scheduling decisions

• Overbooking

• Involuntary rebooking

• Missed connections caused by earlier delays

EU261 Compensation Amounts (Fixed & Mandatory)

EU261 compensation is fixed, based on flight distance — not ticket price.

✈️ Delay or Cancellation Compensation

Compensation applies when:

• Arrival delay is 3 hours or more

• Flight is cancelled with insufficient notice

• Missed connection causes final delay of 3+ hours

• Boarding is denied due to overbooking

Delay Compensation Under EU261

You are entitled to compensation if:

• Your flight arrives 3+ hours late

• The delay was caused by the airline

• No extraordinary circumstances apply

⚠️ Departure delay does not matter — only arrival time at final destination.

Cancellation Compensation Under EU261

You are entitled to compensation if:

• The flight was cancelled less than 14 days before departure

• The alternative flight caused significant arrival delay

• The cancellation was not caused by extraordinary circumstances

Airlines often falsely label cancellations as “schedule changes” — legally irrelevant under EU261.

Missed Connections & Connecting Flights

EU261 applies to the entire journey, not individual segments, if:

• The booking was under one reservation

• A delay in one segment caused you to miss a connection

• Final arrival delay is 3+ hours

This is one of the most commonly misunderstood EU261 rules.

Denied Boarding & Overbooking

If you are denied boarding against your will due to overbooking:

• Compensation is automatic

• Airlines cannot avoid payment by offering vouchers

• Waiving compensation must be voluntary and explicit

When Airlines Are NOT Required to Pay (Extraordinary Circumstances)

EU261 allows airlines to refuse compensation only if the disruption was caused by extraordinary circumstances beyond their control.

Valid extraordinary circumstances include:

• Severe weather conditions

• Airport closures

• Air traffic control strikes

• Political instability

• Security risks

What Airlines Illegally Claim as Extraordinary (But Are Not)

❌ Technical failures
❌ Crew shortages
❌ Aircraft maintenance issues
❌ Late incoming aircraft
❌ Operational decisions
❌ Airline staff mismanagement

European courts have repeatedly ruled that technical and operational issues are airline responsibility.

Airline Tactics to Illegally Refuse EU261 Compensation

Airlines frequently:

• Misclassify technical issues as “safety concerns”

• Blame previous flights or third parties

• Delay responses beyond legal deadlines

• Offer vouchers instead of cash

• Ignore claims without legal follow-up

This is why most successful EU261 claims require professional legal handling.

EU261 Time Limits (Limitation Periods)

EU261 claim deadlines depend on national law, not EU law.

Examples:

• Germany: 3 years

• France: 5 years

• Spain: 5 years

• UK (UK261): 6 years

Airlines will not inform you if your claim is still valid.

Why Professional Handling Increases Success Rates

EU261 claims are legal disputes, not customer service requests.

Professional claim handling:

• Identifies correct jurisdiction

• Applies correct case law

• Challenges false extraordinary claims

• Forces airline compliance

• Escalates to court when necessary

Passengers filing alone face rejection rates above 70%.

Claiming EU261 Compensation with MySkyHelp

MySkyHelp:

• Analyzes EU261 eligibility instantly

• Applies correct legal framework

• Handles airline resistance

• Escalates legally when required

• Charges only if compensation is won

EU261 is powerful — but only if enforced correctly.

Conclusion: EU261 Works — If You Know the Rules

EU261 guarantees some of the strongest passenger rights in aviation history. But airlines continue to exploit confusion, misinformation, and legal complexity.

Knowing when airlines must pay — and when they are lying — is the difference between compensation and silence.

If your flight was delayed, cancelled, or disrupted, EU261 may entitle you to up to €600 per passenger.

Check your eligibility and enforce your rights professionally.