Montreal Convention vs EU261: which one covers your loss
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Quick answer
They answer different questions. EU261 pays fixed compensation (€250–€600) for the inconvenience of a long delay, a short-notice cancellation or denied boarding, with no proof of loss, on flights within its territorial scope. The Montreal Convention makes the airline liable for **proven** damage caused by delay, and for lost, damaged or delayed baggage, on almost every international flight worldwide, with a two-year limitation period. The same loss is not paid twice, but the two regimes can apply side by side.
How much flight compensation could I receive?
€250–€600 per passenger, depending on the distance of the flight, for an arrival delay of 3 hours or more, a cancellation announced under 14 days ahead, or denied boarding on a flight covered by Regulation 261.
Does this apply to your flight?
Does this apply to your flight?
A few short questions — no flight number needed yet. You get a preliminary result on the facts you give; the full check confirms it from the itinerary.
What happened to your flight?
What EU261 does not cover
EU261 has no provision for baggage, for consequential losses (the hotel night you lost, the meeting you missed, the cruise that sailed) or for flights outside its scope — for example a US airline flying you from New York to Paris. For those, the Montreal Convention is the route.
What the Montreal Convention covers
- Delay (Article 19): the airline is liable for damage caused by delay unless it proves it took all reasonable measures. Liability is capped (a limit expressed in Special Drawing Rights, revised periodically) and requires proof of the loss.
- Baggage (Article 17): lost, damaged or delayed checked baggage, up to a per-passenger limit, with strict written-complaint deadlines (7 days for damage, 21 days for delay).
- Scope: international carriage between states party to the Convention — practically the whole world.
- Limitation: two years from the date of arrival or the date the aircraft should have arrived.
How they combine
Article 12 of EU261 states that the Regulation applies “without prejudice to a passenger’s rights to further compensation” and that EU261 compensation may be deducted from such further compensation. So: fixed EU261 amount from the Regulation, proven additional loss under Montreal, with the airline entitled to set one off against the other for the same damage.
Where to bring a Montreal claim
Against the carrier in the country of its domicile or principal place of business, where the ticket was bought through its establishment, or at the place of destination. Small-claims courts handle most of them.
Limitation periods differ
EU261 claims follow national limitation periods (1 to 6 years). Montreal claims must be brought within two years, and some countries apply that two-year period to EU261 claims as well (Italy, Switzerland, the Netherlands in practice) — check the country page for your departure airport.
Sources
- European CommissionInterpretative Guidelines on Regulation (EC) No 261/2004 (2016/C 214/04)
- European Parliament and CouncilRegulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights
- European Union — Your EuropeAir passenger rights
Last legally reviewed: 12 September 2026 · Content updated: 12 September 2026
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