What EC 261/2004 gives air passengers

TM By Theo Marsh, Travel-utility reviewer and writer at RoamVerdict.
Plain-language regulation explainer · Updated July 9, 2026

EC 261/2004 is the EU law that turns a ruined flight into a cash right. If you are denied boarding, or your flight is cancelled or delayed 3 or more hours, it can owe you 250 to 600 euro per passenger, plus meals, calls and a hotel where needed, and a refund or a re-routing. It covers every flight leaving the EU or UK, and EU or UK airlines flying in. The airline only escapes compensation if it proves an extraordinary circumstance. The rules in force today are the original 2004 regulation; a 2026 reform has been agreed but is not yet in force. Verified July 9, 2026.

People call it EC 261, EU261, or just "the flight compensation law". They all mean Regulation (EC) No 261/2004, adopted on 11 February 2004 and in force since 17 February 2005. It replaced an older, weaker rule and set common rights across the bloc for denied boarding, cancellation and long delay. This page explains what the regulation actually says, when an airline does not have to pay, and how the agreed 2026 reform changes the picture.

The four rights it grants

Article 7Compensation250 to 600 euro by flight distance Article 8Refund or re-routingMoney back, or a new flight to your destination Article 9Right to careMeals, calls and a hotel while you wait Article 14Right to informationThe airline must tell you these rights
The four core rights under Regulation (EC) 261/2004. Compensation, care and re-routing can apply together for the same disrupted flight.

How much compensation, and when

Compensation under Article 7 depends on how far you were flying, not on your ticket price:

You qualify if you reached your final destination 3 or more hours late, your flight was cancelled with less than 14 days notice, or you were bumped from an overbooked flight against your will. The 3-hour delay threshold is not written in the 2004 text itself; it comes from EU Court of Justice rulings that interpreted the regulation, and it is now settled law. UK261 pays the same bands in pounds.

Check your flight for free

When the airline does not have to pay

The regulation lets an airline avoid the cash compensation if it proves the disruption was caused by an "extraordinary circumstance" beyond its control. This is the exemption airlines lean on most, and it is often applied too broadly. The distinction that matters:

Because the line is drawn by court rulings rather than the airline, a refusal on "operational" or "technical" grounds is often worth challenging. Note that even when compensation is not owed, the right to care under Article 9 and the right to a refund or re-routing under Article 8 still stand.

EU261 and UK261 after Brexit

When the UK left the EU it copied Regulation 261/2004 into its own law, now called UK261. The rights, the 3-hour rule and the distance bands are the same; the amounts are set in pounds rather than euro. In practice a London to New York delay is handled under UK261, while a Frankfurt to New York delay is handled under EU261. Both are enforced through the same kind of claim.

The 2026 reform: agreed, not yet in force

On 15 June 2026 the European Parliament and the Council reached a provisional agreement to reform Regulation 261/2004 for the first time since 2004. It is not yet in force. Once it is formally adopted and published in the EU Official Journal, it will apply one year later, so claims today are still governed by the 2004 rules. The agreement keeps the 3-hour delay threshold and the 250 to 600 euro amounts, writes the court rulings on extraordinary circumstances into the law, and adds new rules on cabin baggage, fare transparency and the rights of reduced-mobility passengers.

Read the official regulation

You can read the full, current text of Regulation (EC) No 261/2004 for free on EUR-Lex, the European Union's official legal database: Regulation (EC) No 261/2004 on EUR-Lex. It sets out compensation in Article 7, refund or re-routing in Article 8, and the right to care in Article 9.

Turn the law into a payout: our pick

Our pick to claim: Compensair

★★★★½4.4/5 our editorial score

Rated about 4.6/5 across 1,500+ reviews on Trustpilot (as of July 9, 2026)

No-win-no-fee EU261 / UK261 claim service

No win, no fee

Check your flight

Knowing the law is one thing; getting an airline to pay is another. Compensair checks your flight for free against EC 261/2004 and UK261 and, if you qualify, handles the whole claim including paperwork and escalation. You pay nothing unless it wins, then it keeps a success fee of about 30 percent of the amount recovered, with an extra 10 percent only if a case needs legal action. Checked July 9, 2026.

Pros

  • Free eligibility check against EC 261/2004 and UK261
  • Handles all airline paperwork and escalation for you
  • Claims up to 600 euro per passenger where eligible
  • Rated about 4.6/5 on Trustpilot (attributed, see above)

Cons

  • Success fee of about 30 percent (plus 10 percent if legal action is needed)
  • Some reviewers report payouts can take time
  • Only worthwhile if your flight actually qualifies under the rules

Best for: Passengers who know they have a case under EC 261/2004 but would rather not argue with the airline themselves.

Want a quick estimate first? Try our flight compensation calculator, or see the airline-specific guides for British Airways and Lufthansa. For the practical who-qualifies walkthrough, start at our EU flight compensation hub, or read our Compensair review before you claim.

Frequently asked questions

What is EC 261/2004?

EC 261/2004 is a European Union regulation, adopted on 11 February 2004 and in force since 17 February 2005, that gives air passengers set rights when they are denied boarding or their flight is cancelled or heavily delayed. It covers compensation of 250 to 600 euro by distance, a right to care such as meals and accommodation, and a right to a refund or re-routing.

Is EC 261 the same as EU261 and UK261?

Yes, EC 261, EU261 and Regulation 261/2004 all name the same law. UK261 is the version the United Kingdom kept in its own law after Brexit, with the same rights and compensation bands paid in pounds. So EC 261 and UK261 are twin sets of rules covering EU and UK flights.

Does EC 261/2004 apply to non-EU airlines?

It applies to any airline, EU or not, on flights departing from an EU or UK airport. For flights into the EU or UK it only applies when the operating airline is based in the EU or UK. So a US or Gulf carrier is covered leaving Paris, but not on the return leg into Paris.

When does the 2026 reform of EC 261/2004 take effect?

It is not in force yet. On 15 June 2026 the European Parliament and the Council reached a provisional agreement to reform the regulation, the first substantial change since 2004. Once formally adopted and published in the EU Official Journal, it will apply one year later, so the 2004 rules still govern claims today.

Where can I read the official EC 261/2004 text?

The full regulation is published free on EUR-Lex, the EU legal database, in every official language. It sets out denied boarding, cancellation and delay rules across its articles, including compensation in Article 7, refund or re-routing in Article 8 and the right to care in Article 9.

This page explains the regulation in plain terms and is not legal advice; eligibility depends on your specific flight. The rules, articles and 2026 reform status were verified on July 9, 2026 against EU sources including EUR-Lex.

Theo Marsh · Travel-utility reviewer and writer at RoamVerdict

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