Key Statutory Rules & Public Aviation Law Summary
Airlines frequently reject claims by blaming 'unexpected technical defects.' Under binding Court of Justice precedent, almost all technical and mechanical issues qualify for compensation.
- In Wallentin-Hermann v Alitalia (C-549/07) and van der Lans v KLM (C-257/14), the Court of Justice established that resolving technical defects discovered during maintenance or before flight is inherent in the normal exercise of an airline's activity.
- Even unexpected premature malfunction of specific aircraft components ('wildcat technical failures') does NOT constitute an extraordinary circumstance under Article 5(3).
- Only hidden manufacturing defects revealed by the aircraft manufacturer or aviation safety authority affecting an entire fleet (or sabotage/bird strikes) generally qualify as extraordinary circumstances.
- If an airline rejects your claim citing 'technical or operational reasons,' automated claim verification services can cross-check flight logs and force compliance.
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) |