Netherlands 2 years, Belgium only 1 year, Germany 3 years, France and Spain 5 years — act before it is too late.
The limitation period for an EU261 compensation claim differs by country: from 1 year in Belgium to 5 years in France and Spain. EU Regulation 261/2004 does not set its own limitation period — it is determined by the national law of the competent country, which is typically the country of departure or destination. Apply the shortest period that could plausibly apply to your situation as your safe deadline. Belgium (1 year) requires particular urgency — if your flight departed from Brussels or Charleroi and the flight year is almost a year ago, you must act now. DelayPaid handles claims for flights to or from Dutch airports.
| Country | Period | Legal basis | Start date | Urgency |
|---|---|---|---|---|
| Netherlands | 2 years | Art. 8:1835 Dutch Civil Code | Day of the flight | Medium |
| Belgium | 1 year | Art. X.49 WER | Day of the flight | High — act immediately |
| Germany | 3 years | § 195 BGB | End of flight year (31 Dec) | Low |
| France | 5 years | Art. 2224 Code Civil | Day of the flight | Low |
| Spain | 5 years | Art. 1964.2 Cc | Day of the flight | Low |
| Italy | 2 years (safe working deadline)* | Contested | Day of the flight | Medium |
* Italy: the limitation period for EU261 claims is legally contested. Some Italian courts apply 2 years (by analogy with the Montreal Convention), others 10 years (general contract law). We apply 2 years as a safe working deadline.
In the Netherlands the limitation period for EU261 claims is codified in Article 8:1835 of the Dutch Civil Code (Burgerlijk Wetboek). The period is 2 years and starts on the day of the flight. For cancellations, the period starts on the scheduled flight day.
The limitation period can be interrupted by a written demand to the airline (email or registered letter). After a valid interruption a new 2-year period begins. Always file your claim in writing and keep proof of sending. A phone call with customer services does not interrupt the limitation period.
Belgium has the shortest period of all countries in this overview: only 1 year under Article X.49 of the Economic Law Code (Wetboek Economisch Recht). This is an exceptionally short deadline that passes quickly.
Relevant flights for Belgian law are typically those departing from:
In Germany the general 3-year limitation period applies under § 195 BGB. The distinctive feature: the period does not start on the flight day but at the end of the calendar year in which the flight took place. A flight on 1 February 2023 therefore expires on 31 December 2026 — not on 1 February 2025.
This gives passengers more time than expected. But note: Belgian or Dutch limitation periods may also apply if the flight departed from those countries.
France has the longest practical period: 5 years under Article 2224 of the Code Civil. The period starts on the day of the flight. Flights from Paris CDG or Orly, Lyon, Nice, and other French airports are covered (for EU airlines or any airline departing from France).
Spain also applies a 5-year period under Article 1964.2 of the Codigo Civil. Flights from Madrid, Barcelona, Palma, Malaga, and other Spanish airports fall under this. The same period applies to flights from the Canary Islands (also Spain).
The Italian limitation period for EU261 claims is contested. Italian courts are split: some apply the Montreal Convention (2 years), others the general limitation period of 10 years. For safety we apply 2 years as a workable deadline. If your flight departed from Rome, Milan, Venice, or another Italian airport, act within 2 years of the flight.
This is not always legally straightforward. As a rule of thumb:
In the Netherlands (and most other EU countries) you can interrupt the limitation period by sending a written demand to the airline. After a valid interruption a new full period starts. Requirements for a valid interruption in the Netherlands:
Tip: claim letters sent pursuant to this guide automatically interrupt the limitation period if they meet these requirements.
Unfortunately: an expired claim is definitively lost. There are no statutory exceptions for passengers who were unaware of their rights. If your claim has expired, your only option is to appeal directly to the airline's goodwill — but this has no legal basis.
Even without all your documents you can file a claim and add evidence later. A timely but incomplete claim is better than a perfect claim after the limitation period. DelayPaid guides this process — 25% success fee incl. VAT, no win no fee.