How much EU261 compensation can I claim?

Compensation is €250 for flights up to 1,500 km, €400 for flights of 1,500–3,500 km, and €600 for flights over 3,500 km with more than 4 hours of arrival delay. For delays of exactly 3–4 hours on flights over 3,500 km, a reduced amount of €300 applies.

How long do I have to claim EU261 compensation?

Limitation periods differ by country: Netherlands 2 years (art. 8:1835 BW), Belgium 1 year (art. X.49 WER), Germany 3 years from end of the flight year (§ 195 BGB), France 5 years (art. 2224 Cc), Spain 5 years (art. 1964.2 Cc), Italy 2 years as a safe working limit.

Is a technical defect an extraordinary circumstance under EU261?

No, in most cases. The European Court of Justice held in Wallentin-Hermann (C-549/07) and Van der Lans (C-257/14) that technical defects inherent to the normal operation of an aircraft do not constitute extraordinary circumstances.

Is delay measured at departure or arrival?

At arrival. The ECJ held in Sturgeon (C-402/07) that delay is measured when the aircraft doors open at the destination, not at the time of departure.

Am I entitled to meals and a hotel during a delay?

Yes, independently of compensation. Article 9 of EU261 requires the airline to provide meals and refreshments when waiting times reach 2 hours, and hotel accommodation for overnight stays. This right exists even when extraordinary circumstances apply and compensation is not owed.

EU261 Facts and Figures — compensation, limitation, rights

EU Regulation 261/2004 grants air passengers the right to €250, €400, or €600 compensation when a flight arrives 3 or more hours late, is cancelled with less than 14 days' notice, or when boarding is denied due to overbooking — unless the airline proves an extraordinary circumstance. Technical defects generally do not qualify as extraordinary circumstances. Limitation periods vary by country, from 1 year (Belgium) to 5 years (France, Spain).

1. Compensation amounts

Distance	Situation	Compensation
Up to 1,500 km	Arrival delay ≥ 3 hours, cancellation <14 days' notice, denied boarding	€250
1,500–3,500 km	Arrival delay ≥ 3 hours, cancellation <14 days' notice, denied boarding	€400
> 3,500 km (intra-EU)	Arrival delay ≥ 3 hours, cancellation <14 days' notice, denied boarding	€400
> 3,500 km (extra-EU)	Arrival delay 3–4 hours	€300 (halved under art. 7(2))
> 3,500 km (extra-EU)	Arrival delay ≥ 4 hours, cancellation <14 days' notice, denied boarding	€600

Amounts are per passenger. Distance = greatest circle distance between departure airport and final destination. For cancellations where an alternative flight is offered, compensation may be reduced by 50% if the passenger arrives within the time margins of art. 7(2) EU261.

2. Limitation periods by country

Country	Period	Legal basis	Notes
Netherlands	2 years	Art. 8:1835 BW	From flight date
Belgium	1 year	Art. X.49 WER	Shortest in the EU; strictly enforced
Germany	3 years	§ 195 BGB	Runs from end of the flight year (31 Dec)
France	5 years	Art. 2224 Code civil	From knowledge of the damage
Spain	5 years	Art. 1964.2 Código civil	Desde que pudo exigirse
Italy	2 years (safe working limit)	Disputed — 2 years as a minimum	Case law divided; treat 2 years as a safe threshold

The applicable limitation period depends on the national law of the country where proceedings are brought, not the country of departure or arrival. Always consult a legal professional for your specific situation.

3. Rights matrix

Situation	Compensation (art. 7)	Care (art. 9)	Reimbursement or re-routing (art. 8)
Delay < 2 hours	No	No	No
Delay 2–3 hours	No	Yes (meals, communications)	No
Arrival delay ≥ 3 hours	Yes (€250–€600)	Yes	No (flight operated)
Delay ≥ 5 hours	Yes (€250–€600)	Yes	Yes (ticket refund + return flight)
Cancellation <14 days before departure	Yes (unless alternative within art. 7(2) margins)	Yes	Yes (choice: refund or re-routing)
Denied boarding (overbooking)	Yes (€250–€600)	Yes	Yes (choice: refund or re-routing)
Extraordinary circumstances	No	Yes (art. 9 always applies)	Yes for cancellations

Right to care (art. 9) applies regardless of whether extraordinary circumstances are present. Compensation (art. 7) is only waived when the airline proves an extraordinary circumstance it could not have avoided.

4. Key European Court of Justice rulings

Case	Reference	Date	Key holding
Sturgeon	C-402/07 & C-432/07	19 November 2009	Delayed passengers are entitled to compensation if arrival delay is ≥ 3 hours; delay is measured at arrival (door-open), not departure.
Wallentin-Hermann	C-549/07	22 December 2008	Technical defects are generally not extraordinary circumstances — they are inherent to normal aircraft operation. Exception: hidden manufacturing defects or sabotage.
Van der Lans	C-257/14	17 September 2015	Confirms Wallentin-Hermann: premature failure of engine components is not an extraordinary circumstance, even if unexpected.
Rehder	C-204/08	9 July 2009	Jurisdiction for EU261 claims: passenger may choose between the court of the departure airport or the arrival airport (direct flight).

Sources: EUR-Lex — Regulation (EC) No 261/2004 · ECJ C-402/07 (Sturgeon) · C-549/07 (Wallentin-Hermann) · C-257/14 (Van der Lans)

5. When does EU261 apply?

Scenario	EU261 applies?
Flight departs from an EU/EEA airport (any airline)	Yes
Flight to EU/EEA airport, operated by an EU-registered carrier	Yes
Flight to EU/EEA airport, operated by a non-EU carrier	No
Flight entirely outside EU (e.g. New York–Toronto on Delta)	No
Codeshare: ticketing carrier is EU, operating carrier is non-EU	Operating carrier is decisive — likely no

You can also claim yourself — for free

You can submit your EU261 claim yourself and for free directly to the airline via their complaints form.
If the airline refuses, you can file a free complaint with the national enforcement body (in the Netherlands: Inspectie Leefomgeving en Transport, ILT).
DelayPaid handles this for you for a success fee of 25% including VAT — only due when compensation is received.

EU261 Facts and Figures