Key Statutory Rules & Public Aviation Law Summary
Regulation (EC) No 261/2004 leaves limitation periods to national law (More v KLM C-139/11). Compare statutory deadlines across the UK (6 yrs), France (5 yrs), Spain (5 yrs), Germany (3 yrs), Netherlands (2 yrs), and Belgium (1 yr).
- In More v KLM (C-139/11), the Court of Justice ruled that because EC 261/2004 contains no internal limitation period, the deadline is determined by the national law of the Member State where the claim is brought.
- United Kingdom (England, Wales & NI): 6 years from the flight date (5 years in Scotland). Ireland: 6 years.
- France & Spain: 5 years. Germany & Austria: 3 years, calculated to the end of the calendar year (§ 195 & § 199 BGB). Sweden & Norway: 3 years. Portugal: 3 years.
- Netherlands & Italy: 2 years (Italy incorporates Montreal + 6 months buffer, approx. 2 years). Poland & Belgium: 1 year.
- Tip: If a flight departed Germany to the UK on a UK airline (or vice versa), passengers can often file in the jurisdiction with the longer statutory limitation period.
- British Airways Delay, Missed Connection & Cancellation Statutory Rights
- Lufthansa Delay, Cancellation & Missed Connection Rights under EC 261/2004
- KLM (Amsterdam Schiphol) & Air France (Paris CDG) EU261 Compensation Rules
- When Non-EU Airlines (Emirates, Qatar, Etihad, Turkish, SAA, Delta) Must Pay €600 / £520
Public Statutory Information Disclaimer: AeroStatute provides general public educational information regarding Regulation (EC) No 261/2004, UK261, the Montreal Convention 1999, Canada APPR, and US DOT regulations. This tool does not provide formal legal advice or act as a law firm.