EC 261/2004: the EU flight compensation regulation explained
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; the 2026 reform was adopted on 13 July 2026 but is not yet in force. Verified August 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 2026 reform adopted in July changes the picture.
The four rights it grants
How much compensation, and when
Compensation under Article 7 depends on how far you were flying, not on your ticket price:
- 250 euro for flights up to 1,500 km (for example London to Rome).
- 400 euro for flights between 1,500 and 3,500 km, and for any flight between two EU airports however long (for example Paris to Cairo, or Madrid to Helsinki).
- 600 euro for flights over 3,500 km that leave or enter the EU (for example London to New York).
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.
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:
- Usually extraordinary (no compensation): severe weather, air traffic control strikes, security threats, political instability, and bird strikes.
- Usually not extraordinary (compensation still due): technical faults found in normal maintenance, crew shortages, most airline-staff strikes, and overbooking.
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.
That case-by-case position is about to become a written list. The 2026 reform adds an Annex to the regulation setting out what counts, and reading it tells you which of today's arguments survive. It is labelled a non-exhaustive list, so a cause missing from it is not automatically the airline's fault-free excuse. Three things stand out for anyone arguing a claim.
- Routine technical faults stay claimable. The Annex covers only "hidden manufacturing or design defects, revealed by the manufacturer or a competent authority". Ordinary maintenance failures are not listed, so the most common refusal remains challengeable.
- Airline staff strikes get a narrow exception, not a free pass. A strike at the airline itself counts as extraordinary only where it "originates from demands that only public authorities can satisfy". A pay or rostering dispute is not that, so the usual crew strike should still pay out; a walkout aimed at government policy is the case the drafters carved out.
- Strikes by others stay extraordinary. Air navigation, airport operator and groundhandling strikes are listed, provided the airline could not effectively control them.
Weather is confirmed on the exempt side, phrased as "meteorological conditions or damage to the aircraft caused by meteorological events which are incompatible with the safe operation of the flight". None of this applies yet, and it does not change a claim you are making today; it matters because it shows the direction of travel and because airlines will start quoting the Annex early.
EU261 and UK261 after Brexit
When the UK left the EU it carried Regulation 261/2004 into its own law, now called UK261. The rights, the 3-hour rule and the distance bands are the same, and the amounts are set in pounds rather than euro: £220, £350 and £520. Calling it an identical copy goes one step too far, though. The same provision that changed the currency also deleted the words "intra-Community flights of more than 1500 kilometres and for all other" from Article 7, so the EU's middle-band special case for long flights between two EU airports has no UK equivalent. UK261 is decided on distance alone. 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: adopted, not yet in force
The reform has now cleared its final vote. The Council gave the legislative act its final green light on 13 July 2026, after the European Parliament adopted its third-reading position on 7 July. It is still not in force: the text must be signed and published in the EU Official Journal, and the Council states the new rules enter into force 12 months and 20 days after that publication. That is a longer and more specific runway than the "about a year" most guides quote, and the clock has not started yet. Claims today are still governed by the 2004 rules.
Two details are worth knowing because most summaries skip them. First, this went to a Conciliation Committee, the rarely used third-reading procedure: the Council declined the Parliament's 243 amendments in March 2026, the committee met on 20 April and 2 June, and it approved a joint text on 15 June. Second, adoption was not unanimous. The Council record shows Spain and Latvia voting against, with Austria and Finland abstaining. Those facts come from the Council's own adoption note, document 11389/26 of 3 July 2026.
On the numbers travellers care about, the reform changes less than the headlines suggest. In the joint text (PE-CONS 39/26), Article 7 still reads 250 euro, 400 euro and 600 euro across the same 1,500 km and 3,500 km bands, and compensation still turns on a delay at arrival exceeding three hours. One quiet wording change does matter: the amounts are now set for journeys rather than flights, which is the drafters writing connecting itineraries into the text rather than leaving them to case law. New rights include a ban on refusing boarding on a return flight because you skipped the outbound leg (the "no-show" practice), fares displayed with a cabin bag allowance included before booking begins, and a duty on the airline to contact you electronically within 96 hours of the end of a journey that may qualify for compensation.
Checked on 9 August 2026: EUR-Lex still lists no amending act against Regulation 261/2004, so the publication that starts the countdown had not appeared as of that date.
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
No-win-no-fee EU261 / UK261 claim service
No win, no fee
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 35 percent of the amount recovered, with an extra 10 percent only if a case needs legal action. Checked August 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 4.5/5 on Trustpilot (attributed, see above)
Cons
- Success fee of 35 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 adopted but not in force. The Council gave final clearance on 13 July 2026, after the Parliament voted at third reading on 7 July. The Council states the new rules enter into force 12 months and 20 days after publication in the EU Official Journal. As of 9 August 2026 that publication had not appeared, 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 August 9, 2026 against EU primary sources: the Council press release of 13 July 2026, Council adoption note 11389/26, the joint text PE-CONS 39/26, and EUR-Lex.