AirwayControlTime limits
How long you have to claim flight compensation, by country
EU 261 sets no time limit of its own. The Court of Justice has ruled that the limit is set by the law of each country, so it runs from one year to ten depending on where the case would be heard. Here is the rule in each country we could verify, with the law and the source.
General information, not legal advice. Not a promise of payment.
Why it depends on the country
Regulation (EC) No 261/2004 says nothing about how long a passenger has to claim. In Cuadrench Moré (C-139/11, 22 November 2012) the Court of Justice ruled that the time limit for bringing actions for compensation under Articles 5 and 7 is determined by the rules of each Member State on the limitation of actions. The two-year limit in the Montreal Convention does not apply to it.
Which country's rule applies depends on which country's courts would hear the case. When the limit starts to run also differs: in some countries from the day of the flight, in Germany from the end of that year. Some countries also expect the airline to be told within a reasonable time, well before the limit.
The time limit, country by country
Each row names the law or ruling and the page it was read on. These are limits for going to court; write to the airline well before.
| Country | Time limit | Legal basis | Source |
|---|---|---|---|
| Belgium | 2 years from the day of the event. It was 1 year until the law changed on 21 December 2023. | Code of Economic Law, Article X.49, for claims from a passenger transport contract. The Court of Cassation applied it to EU 261 compensation on 11 June 2021 (C.20.0185.N), under the earlier one-year rule. | Justel, Court of Cassation |
| Denmark | 3 years from the day the flight was delayed or cancelled, as a rule. | Danish limitation rules, as the European Consumer Centre Denmark states them for flight compensation. | Forbrugereuropa |
| Estonia | 3 years. | General Part of the Civil Code Act, § 146(1). Harju County Court applied it to an EU 261 claim on 30 April 2020 (2-19-15306). | Riigi Teataja |
| France | 5 years from the day the passenger knew, or should have known, the facts. | Civil Code, Article 2224. The Court of Cassation applied it to a claim under EU 261 on 10 October 2019 (no. 18-20.491). | Légifrance, Court of Cassation |
| Germany | 3 years, from the end of the year in which the claim arose. | Civil Code (BGB), §§ 195 and 199(1). The European Consumer Centre Germany gives three years for flight claims. | EVZ, BGB § 199 |
| Netherlands | 2 years from the day after the aircraft arrived or should have arrived. The limit cannot be paused or reset. | Civil Code, Article 8:1835. The Noord-Holland District Court applied it to an EU 261 claim in 2024 (ECLI:NL:RBNHO:2024:10724). | wetten.overheid.nl, District court |
| Norway | 3 years. | Limitation Act (foreldelsesloven) § 2. The Supreme Court held that EU 261 compensation claims follow the general limitation rules (HR-2024-1200-A, 27 June 2024). | Lovdata, Supreme Court |
| Poland | 1 year. | Civil Code, Article 778. Supreme Court resolution of 17 March 2017 (III CZP 111/16) on compensation under Article 7 of EU 261. | Supreme Court |
| Spain | 5 years from the date of the flight. | As stated by AESA, the national enforcement body. Its page names no article. | AESA |
| Sweden | 10 years to go to court. The airline must be told within a reasonable time; within two months of the end of the journey is always in time. | Limitation Act (preskriptionslag 1981:130) § 2. Supreme Court, NJA 2018 s. 127 (T 2659-17), where passengers who waited over two years to tell the airline lost the claim. | Riksdagen, Supreme Court |
| Switzerland | 2 years from arrival, or from when the aircraft should have arrived. After that the right to sue lapses. | Air Transport Ordinance (LTrV, SR 748.411), Article 14. The Basel-Stadt Court of Appeal applied it to EU 261 compensation on 29 June 2016 (BEZ.2016.3). | Fedlex, Court of Appeal |
| United Kingdom: England and Wales | 6 years from the date the claim arose. | Limitation Act 1980, section 9. The Court of Appeal applied it to EU 261 compensation in Dawson v Thomson Airways [2014] EWCA Civ 845. | legislation.gov.uk, Court of Appeal |
| United Kingdom: Scotland | 5 years. | Prescription and Limitation (Scotland) Act 1973, section 6. The Civil Aviation Authority gives five years for Scotland. | legislation.gov.uk, CAA |
Not listed until verified: Austria, Bulgaria, Croatia, Cyprus, Czechia, Finland, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Portugal, Romania, Slovakia, Slovenia. We list a country when we have read its rule in the law itself, a court ruling or a public authority.
From 23 October 2027: nine months to ask
Regulation (EU) 2026/2202 amends EU 261 and applies from 23 October 2027. It says a request for compensation is to be made within nine months of the date of departure on the ticket, and the airline answers within 30 days (Article 7(9)). Until then, the national limits above apply. What changes in 2027.
Do not wait for the limit
- Write to the airline now. The claim template is free and you send it from your own email. The checker shows which rules cover your route.
- Keep the dates. Your booking, the boarding pass and the airline's messages show when the flight was and when you claimed.
- No reply, or a refusal? Take it to the complaints body in the country you departed from, well inside the limit.
AirwayControl
Or let the app fill it in.
AirwayControl is a flight tracker for iPhone and Apple Watch. Set your flight before you leave, and it follows the day for you. If the day goes wrong, it already knows the details the claim needs.
- It tells you when it matters. A notification when your flight lands three hours late or more.
- It knows which rules cover your route. EU 261, UK 261 and the rules of 18 more countries, in plain words.
- It fills in the claim. Airline, flight number, date and route come from My Flight.
- You send it. From your own email, or through the airline's own claim form with every answer ready to copy.
- No fee and no share. AirwayControl never takes a part of what you receive.
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Questions people ask
Is there a time limit to claim flight delay compensation?
EU 261 itself sets none today. The Court of Justice ruled in Cuadrench Moré that the limit is set by each country's own law on limitation, so it depends on where the case would be heard.
How long do I have to claim flight compensation in the UK?
Six years in England and Wales, under section 9 of the Limitation Act 1980, which the Court of Appeal applied to these claims in Dawson v Thomson Airways. Five years in Scotland.
Does the Montreal Convention's two-year limit apply?
Not to EU 261 compensation. The Court of Justice ruled in Cuadrench Moré that the national limitation rules apply instead.
Will the time limit change?
Yes. From 23 October 2027, Regulation (EU) 2026/2202 says a request for compensation is to be made within nine months of the date of departure on the ticket.
Is AirwayControl a claims company?
No. It tells you which rules cover your route and writes the claim, and you send it from your own email. AirwayControl never sends or handles a claim for you, and takes no share.
When something goes wrong
Today's rules, problem by problem. The main guide covers delays and cancellations, and the checker shows which rules cover your route.
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General information about air passenger rules, not legal advice and not a promise of payment. Your airline decides; a complaints body decides on appeal. AirwayControl never submits or handles claims: the mail is yours, from your own account. Rules last checked 9 August 2026. The laws, rulings and pages named in the table were read on 3 October 2026.
Sources: Regulation (EC) No 261/2004 and the European Union's own guide to air passenger rights. Court of Justice of the European Union, Cuadrench Moré (C-139/11): the judgment. Regulation (EU) 2026/2202: the regulation.