Key Statutory Rules & Public Aviation Law Summary
How Regulation (EC) No 261/2004 calculates statutory compensation of €250, €400, or €600 per passenger when a flight arrives 3+ hours late at its final destination.
- Under Regulation (EC) No 261/2004 and the Court of Justice ruling in Sturgeon v Condor (C-402/07), passengers arriving at their final destination 3 or more hours late are entitled to fixed statutory compensation unless caused by extraordinary circumstances.
- Distance brackets: €250 for flights up to 1,500 km; €400 for intra-EU flights over 1,500 km and other flights between 1,500 km and 3,500 km; €600 for non-intra-EU flights exceeding 3,500 km.
- The 3-hour arrival threshold is measured at the exact moment at least one aircraft door is opened for disembarkation at the final destination (Germanwings v Henning, C-452/13).
- Under Article 3(1), EC 261/2004 covers all flights departing an EU/EEA/Swiss airport regardless of the airline's nationality, and flights departing outside the EU to an EU airport when operated by an EU Community carrier.
Related Statutory Passenger Guides:
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.
Global Statutory Compensation Tiers at a Glance
International air passenger compensation is governed by strict statutory instruments rather than airline goodwill. Depending on your route and operating carrier, the following statutory regimes generally apply:
| Statute / Regime |
Applicable Flights |
Indicative Statutory Tier |
Typical Time Limit |
| EU Regulation (EC) No 261/2004 |
Departing any EU/EEA/Swiss airport (any airline), or arriving in EU/EEA on an EU carrier |
€250 (≤1,500 km) €400 (1,500–3,500 km) €600 (>3,500 km) |
1 to 5+ years (varies by EU Member State law, e.g., 3 yrs Germany, 5 yrs France/Spain) |
| UK261 (Retained EU Law) |
Departing any UK airport (any airline), or arriving in the UK on a UK/EU carrier |
£220 (≤1,500 km) £350 (1,500–3,500 km) £520 (>3,500 km) |
Up to 6 years in England, Wales & Northern Ireland (5 years in Scotland) |
| Montreal Convention 1999 |
International flights between 135+ signatory countries (including US, UK, EU, SA, UAE, AU, CA) |
Up to 1,288 SDR (~€1,600 / ~$1,700 USD / ~£1,350) for baggage; up to 5,346 SDR for proven financial delay damages |
7 days (damaged bag notice) 21 days (delayed bag notice) 2 years (court limitation) |
| Canada APPR & Brazil ANAC 400 |
Flights to, from, or within Canada (APPR) or Brazil (ANAC 400) |
$400–$1,000 CAD (Canada APPR) Material assistance + statutory remedies (Brazil) |
1 year (Canada CTA filing) 2–5 years (Brazil) |