Regulation EU261/2004 explained

Regulation (EC) No 261/2004 is the European law behind air passenger rights. This guide explains what it covers and what it entitles you to — without the legal jargon.

In force since 17 February 2005

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What is Regulation 261/2004?

Regulation (EC) No 261/2004 establishes common rules on compensation and assistance to air passengers in the event of denied boarding, cancellation or long delay. It has applied across the EU since 2005 and, since Brexit, is retained in UK law as UK261. It is directly enforceable — you do not need it written into your ticket to rely on it.

This page is our plain-English summary. The authentic text is published by the EU itself: read Regulation 261/2004 on EUR-Lex — free, official, and no account needed.

When does it apply?

The regulation covers you if your flight departs from an airport within the EU/EEA (any airline), or arrives in the EU/EEA on an EU/EEA airline. Passengers must have a confirmed booking and have checked in on time. It applies regardless of your nationality and to scheduled and charter flights alike.

Long delays

The text itself only spells out care and, at five hours, a refund. But the Court of Justice (in Sturgeon) confirmed that passengers arriving 3 hours or more late at their final destination are entitled to the same compensation as for a cancellation, unless the delay was caused by extraordinary circumstances.

Cancellations

On a cancellation you are entitled to a refund or re-routing, to care, and to compensation — unless you were informed 14 or more days ahead, or were re-routed within tight timing windows, or the cause was extraordinary. A drastic schedule change can legally count as a cancellation.

Denied boarding

Where a flight is overbooked, the airline must call for volunteers before bumping anyone. Passengers denied boarding involuntarily receive immediate compensation plus a refund or re-routing and care. Volunteers instead agree benefits with the airline.

Compensation amounts

Amounts are fixed by distance and can be halved on long flights where re-routing kept the arrival delay under four hours. Try the calculator for your route.

Extraordinary circumstances

Article 5(3) lets an airline avoid the compensation (never care or refund) if it proves the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Weather, ATC strikes and airport closures can qualify; ordinary technical faults and the airline's own staff strikes generally do not.

Key court rulings

• Sturgeon (2009): a 3-hour-plus arrival delay is treated like a cancellation for compensation.
• Wallentin-Hermann (2008): a technical fault is not, by itself, an extraordinary circumstance.
• Nelson / TUI (2012): confirmed the 3-hour rule is valid.
• Krüsemann (2018): a "wildcat" strike by the airline's own staff is not extraordinary.

Each of these is a judgment you can read in full. Our EU261 case law page explains what every ruling decided and links it to the official text on EUR-Lex.

How it is enforced

Each country designates a national enforcement body to oversee the regulation. In practice you claim from the airline first; if refused, you complain to that body or take the airline to court. Our how to claim guide walks through the process.