EU261 Statute of Limitations by Country: How Long Do You Have to Claim?
EU Regulation 261/2004 does not set a single claim deadline — it leaves time limits to national law. The result: a passenger delayed in Portugal has just 1 year to act, while the same passenger delayed in the UK has 6. Your departure country determines which deadline applies.
Key rule: departure airport determines jurisdiction
The national statute of limitations that applies to your claim is determined by the country of departure— not the airline's nationality, not your destination, not where you live. A Ryanair flight from Lisbon to London is subject to Portuguese law (1 year). The same Ryanair flight from London to Lisbon is subject to UK law (6 years).
Deadline by country — at a glance
Portugal 🇵🇹
1 yearDecreto-Lei n.º 10/2015
Shortest in the EU. TAP Air Portugal claims from Lisbon or Porto must be filed within 12 months of the flight date — no exceptions under Portuguese jurisdiction.
Spain 🇪🇸
1 yearLey de Navegación Aérea
Spain applies a 1-year limitation for EU261 claims. Iberia, Vueling, and Ryanair flights from Madrid, Barcelona, or Malaga all fall under this strict 1-year window.
Greece 🇬🇷
2 yearsGreek Civil Code
2-year limitation period. Aegean Airlines and Olympic Air claims from Athens or Thessaloniki must be filed within 2 years.
Germany 🇩🇪
3 yearsBürgerliches Gesetzbuch (BGB) §195
3-year limitation, calculated from January 1 of the year following the flight. A flight on 15 June 2023 — the clock starts on 1 January 2024, and the claim expires on 1 January 2027.
Italy 🇮🇹
2 yearsCodice della Navigazione
2-year limitation. Claims against Ryanair or easyJet from Italian airports must be filed within 2 years of the disruption.
Belgium 🇧🇪
1 yearLoi sur la navigation aérienne
1-year limitation. Brussels Airlines claims from Brussels Airport must be filed within 12 months.
Austria 🇦🇹
3 yearsAustrian Civil Code (ABGB)
3-year limitation. Claims against Austrian Airlines or others from Vienna are governed by this window.
Netherlands 🇳🇱
5 yearsDutch Civil Code (BW)
5-year limitation. One of the most generous in Europe — KLM and Transavia Netherlands (HV) claims from Amsterdam Schiphol can go back 5 years.
France 🇫🇷
5 yearsCode des transports, Article L. 6421-4
5-year limitation. Air France, Transavia France, and easyJet flights from Charles de Gaulle, Orly, or Lyon can be claimed up to 5 years after the disruption.
United Kingdom 🇬🇧
6 yearsLimitation Act 1980 (contract law)
The longest window in Europe. Post-Brexit, UK261 is enforced under UK contract law — giving 6 years from the date of the disruption. Applies to all flights departing from UK airports, including Jet2, TUI, British Airways, and easyJet.
Ireland 🇮🇪
6 yearsStatute of Limitations Act 1957
6-year limitation. Ryanair and Aer Lingus claims from Dublin Airport benefit from this generous window.
Sweden 🇸🇪
3 yearsSwedish Statute of Limitations (Preskriptionslagen)
3-year limitation. SAS and Norwegian claims from Stockholm Arlanda or Gothenburg.
Denmark 🇩🇰
3 yearsDanish Limitation Act
3-year limitation. SAS flights from Copenhagen fall under this window.
Norway 🇳🇴
3 yearsNorwegian Limitation Act (Foreldelsesloven)
Norway is EEA (not EU) but EU261 applies. 3-year window for Norwegian Air Shuttle or SAS claims from Oslo or Bergen.
Poland 🇵🇱
3 yearsPolish Civil Code
3-year limitation. LOT Polish Airlines and Ryanair claims from Warsaw Chopin.
What happens when a flight crosses multiple jurisdictions?
The departure country governs. An Air France flight from Madrid (Spain) to Paris (France) that is 4 hours late: the relevant statute of limitations is Spain's 1 year— not France's 5 years — because Madrid is the departure airport.
Exception: if you choose to file your claim in a different EU country, some national courts will apply the forum country's SOL. This is a legal grey area that claims services like AirHelp navigate on your behalf — it's one reason using a professional service can make a material difference for cross-border flights.
For connecting flights: the disruption that caused the delay (usually the first leg) determines jurisdiction. If your Paris–Lisbon–São Paulo flight was delayed on the Paris–Lisbon leg, French law (5 years) applies. If the disruption was on the Lisbon–São Paulo leg, Portuguese law (1 year) applies.
Can I extend the deadline?
Generally, no — once the statute of limitations expires, your right to claim in that jurisdiction is gone. The only exceptions involve fraud, concealment, or cases where the passenger could not reasonably have known about the disruption (rare in practice).
Filing a formal complaint with the national aviation authority before the deadline may pause the clock in some jurisdictions — but this is jurisdiction-specific and not guaranteed. If you are close to the deadline, file both the airline claim and the regulatory complaint simultaneously.
Which national authority handles complaints?
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