Delayed Flight in Europe: How to Claim Up to €600 (EC 261 Rule)

Had a delayed flight in Europe and landed at your destination more than 3 hours late? Under the European EC 261 rule, the airline may owe you up to €600 per passenger (amount in force as of Sep/2026), in cash, on top of meals and a hotel during the wait. The catch: almost nobody asks, and the airlines won’t tell you.

Straight answer: a flight departing from the European Union (or arriving there on a European carrier) that reaches its final destination 3 or more hours late entitles you to €250, €400 or €600 per person, depending on distance (Sep/2026). The exception is extraordinary circumstances, such as bad weather or air traffic controller strikes. A cancellation announced less than 14 days out follows the same table.

Does a delayed flight in Europe entitle you to compensation?

Yes: under the European Union’s Regulation EC 261/2004, a passenger who reaches the final destination 3 or more hours late is entitled to the same cash compensation as a canceled flight, as long as the reason isn’t an extraordinary circumstance. What counts is the time the aircraft door opens at the destination, not the departure time.

The original text of the regulation only provided compensation for cancellation and overbooking. It was the Court of Justice of the European Union, in the Sturgeon (C-402/07) and Nelson (C-581/10) cases, that put a 3-hour-or-more arrival delay on par with a cancellation. Since then, that’s the rule applied across all countries in the bloc.

Before you even hit the 3-hour mark, you’re already entitled to material assistance. It starts at 2 hours of departure delay on flights up to 1,500 km, 3 hours on flights from 1,500 to 3,500 km, and 4 hours on longer flights like Lisbon–São Paulo. If the delay exceeds 5 hours, you can give up the trip and request a full refund of your ticket.

How much do I get for a delayed or canceled flight in Europe?

Compensation is fixed per passenger and depends only on the flight distance: €250 up to 1,500 km, €400 between 1,500 and 3,500 km (and on intra-EU flights over 1,500 km), and €600 over 3,500 km, per Regulation EC 261 in force as of September 2026. The price you paid for your ticket doesn’t change the amount.

Children with their own seat get compensated too. For a family of four flying back from Madrid to São Paulo with a 3-hour arrival delay, the bill comes to €2,400 (Sep/2026). Tickets issued with miles are covered by the rule; only free tickets or fares not available to the public are excluded.

To decide between paying cash for your ticket or using points, try the miles calculator.

There’s a 50% reduction when the airline offers an alternative flight that arrives only slightly later than scheduled: up to 2 hours difference on short flights, up to 3 hours on medium ones, and up to 4 hours on flights over 3,500 km. In that case, the €600 becomes €300 (Sep/2026). The distance used is always that of the booking’s final destination, so a Rome–Lisbon–São Paulo connection counts as a long-haul flight.

Does the EC 261 rule apply to flights between Brazil and Europe?

It applies to every flight leaving Europe for Brazil, on any airline. In the Brazil–Europe direction, it only applies if the airline is European, such as TAP, Air France, KLM, Iberia, Lufthansa or ITA Airways. A LATAM, Azul or Gol flight departing Brazil isn’t covered by the European regulation.

That difference is in Article 3 of the regulation: the rule protects those departing from an EU airport and those arriving there aboard a “Community carrier.” In practice, the same São Paulo–Lisbon flight may or may not entitle you to the €600 (Sep/2026) depending on who operates it, and it’s the airline that operates the flight that counts, not the one that sold the ticket in codeshare.

The rule also covers flights departing Iceland, Norway and Switzerland. The United Kingdom left the European Union and now has its own version of the rule, UK261, with amounts in pounds; if you’re flying from London, check the British conditions. If your itinerary combines several cities, like the 3-day Porto itinerary, each leg departing the EU is assessed separately.

Canceled flight in Europe: what are your rights?

With a canceled flight, you choose between a ticket refund, an alternative flight as soon as possible or on a date you prefer. And you get compensation of €250 to €600 (Sep/2026) if the notice came less than 14 days in advance and the reason wasn’t extraordinary. Meals and a hotel during the wait are owed in any case.

The notice period changes everything. Notified 14 days or more in advance, there’s no compensation. Between 14 and 7 days, the airline only escapes if it offers a flight departing up to 2 hours earlier and arriving up to 4 hours later than the original. With less than 7 days, the alternative flight must depart up to 1 hour earlier and arrive up to 2 hours later. It’s the airline that has to prove it gave timely notice, not you.

If you’re planning around a busy date, like New Year’s Eve in Paris, save the cancellation email or SMS with date and time: it’s your proof of the notice period.

Strike, bad weather or technical problem: when does the airline not pay?

The airline doesn’t pay compensation when it proves extraordinary circumstances it couldn’t have avoided, such as bad weather, air traffic control decisions, political instability or security risks. But most technical problems and strikes by the airline’s own staff don’t exempt it, according to the European Commission and the EU Court of Justice.

The Court ruled in 2018 (Krüsemann case) that a “wildcat” strike by the airline’s own staff isn’t extraordinary, and in March 2021 (case C-28/20, AirHelp v. SAS) that not even a legally called pilots’ strike by a union frees the airline from paying. Strikes by air traffic controllers or airport staff, which don’t depend on the airline, are usually accepted as extraordinary.

Even in extraordinary circumstances, material assistance remains mandatory: meals and drinks proportionate to the wait, two calls, emails or messages, and a hotel with transport when there’s an overnight stay. If the airline doesn’t offer it, keep the receipts for what you pay and request reimbursement afterward.

How to claim compensation on your own?

Claiming directly with the airline is free: send a written request with the flight number, date, booking code and the amount under EC 261, and wait for a response, which usually takes about 2 months according to the Your Europe portal (Jun/2026). If the airline refuses or doesn’t respond, appeal to the national body of the country where the problem happened.

The three-step path, as indicated by the European Commission on the Your Europe portal:

1. Airline: use the complaint form on the website or the European complaint form. Attach your boarding pass, booking and receipts.
2. National body: with no agreement, take the case to the responsible body of the departure country, listed on the Your Europe portal. For flights arriving from outside the EU, the arrival country applies.
3. Court or mediation: still unresolved, the path is small claims court or a dispute resolution entity in the country.

At the airport, ask in writing for the reason for the delay or cancellation and photograph the departures board. The full text of Regulation EC 261/2004, published on the EUR-Lex portal, has a Portuguese version, useful for citing Articles 5, 6 and 7 in your claim.

Is AirHelp trustworthy and how much does it charge?

AirHelp is one of the largest passenger rights claim companies and was the plaintiff in the case that led the EU Court to rule, in 2021, that a pilots’ strike entitles passengers to compensation. It charges 35% of the amount received, VAT included, and only if you win the case (Sep/2026).

It’s worth using when the airline stalls, denies with the “extraordinary circumstance” excuse, or when you don’t want to deal with forms in another language. With €600 in compensation, you receive €390 net (Sep/2026). If the case has to go to court, the fee goes up: AirHelp’s global page states 50% total through that route (Feb/2026). You can check for free whether your flight qualifies with AirHelp by entering just the flight number and date.

If the airline has already agreed to pay or the case is simple, do it yourself and keep 100%. The intermediary pays off when your time is worth more than the 35%.

And in Brazil? What ANAC Resolution 400 says

In Brazil, ANAC Resolution 400 doesn’t provide fixed cash compensation for delays: it guarantees tiered material assistance, with communication starting at 1 hour, food starting at 2 hours, and accommodation and transport starting at 4 hours, plus rebooking or refund when the delay exceeds 4 hours or the flight is canceled.

Larger damages, such as a lost hotel night, a missed commitment or connection, are claimed separately, through consumidor.gov.br or small claims court. On international flights, the Montreal Convention also applies, whose liability limit for passenger delay rose to 6,303 SDR on 12/28/2024, according to the International Civil Aviation Organization (ICAO).

ANAC approved an update to Resolution 400 in September 2026, expected to take effect 30 days after publication in the Official Gazette, according to Portal 6 (Sep/2026). The 2-hour deadline for food and 4-hour deadline for accommodation were kept; the novelty is that passengers will be able to pay necessary expenses and request reimbursement from the airline, which will have up to 7 days to refund. Confirm the effective date on ANAC’s website.

What nobody tells you

• A voucher isn’t mandatory. Compensation is paid in cash or by bank transfer; a travel voucher only with your written agreement. Don’t sign anything at the counter without reading it.
• “Technical problem” almost never frees the airline. It’s the most common excuse for denial, but the European Commission says most technical problems aren’t extraordinary circumstances.
• A missed connection counts. With a single booking, the delay is measured at the final destination: a 1-hour delay that makes you miss your connection and arrive 5 hours later triggers compensation.
• Get to check-in on time. Protection only applies to those who showed up at the indicated time, or up to 45 minutes before departure when no time is given.
• Don’t throw away your receipts. Food, taxi and hotel paid out of your own pocket during the wait are reimbursable, on top of the compensation.

For those traveling to Europe on peak dates, like New Year’s Eve in Madrid or New Year’s Eve in Rome, a travel insurance with flight delay and baggage coverage complements the EC 261 rule, which doesn’t cover expenses like lost hotel nights at the destination.

Conclusion

A delayed or canceled flight in Europe is almost always worth money: check the distance, the actual arrival time and the stated reason, and file a written claim. If the airline stalls, an intermediary handles it for you. To plan your next trip without surprises, stick with Voyage Voyage.

If the delay or cancellation happened in Brazil, also see what to do and which rights to claim from the airline.

Frequently asked questions

A TAP flight delayed 2 hours: what am I entitled to?

A TAP flight delayed 2 hours doesn’t entitle you to cash compensation, which requires a 3-hour arrival delay. On flights up to 1,500 km, like Lisbon–Madrid, 2 hours of departure delay already entitles you to meals and communication; on longer flights, assistance starts at 3 or 4 hours.

What’s the deadline to claim compensation for a delayed flight in Europe?

The deadline to claim compensation for a delayed flight in Europe depends on the law of the country where you file. According to an AirHelp survey (Feb/2026), it’s 2 years in Italy and the Netherlands, 3 in Germany, 5 in Spain and France, and 6 in the United Kingdom. When in doubt, claim as soon as possible.

Does overbooking in Europe entitle you to compensation?

Yes, overbooking in Europe gives the same €250 to €600 compensation (Sep/2026) to anyone denied boarding against their will, plus a refund or alternative flight and assistance. The airline must first ask for volunteers, who negotiate their own perks.

Can the airline pay compensation in a voucher?

The airline can only pay EC 261 compensation in a voucher if you agree in writing. The regulation’s default is cash, bank transfer or check. Decline the voucher if you’d rather have the euros.

My LATAM flight from Brazil to Europe was delayed: am I entitled to the €600?

A LATAM flight departing Brazil for Europe isn’t covered by EC 261, because the airline isn’t European. On that leg, ANAC Resolution 400 and the Montreal Convention apply. The return flight, departing Europe, is covered with any airline, including LATAM.