Flight compensation time limit: how long you have to claim, by country

Why there is no single deadline

Regulation 261/2004 says nothing about how long a passenger has to claim. In Cuadrench Moré (C-139/11) the Court of Justice held that the time limit for bringing a compensation claim is governed by the national law of each Member State, and that the two-year limit of the Montreal Convention does not apply to Regulation 261 claims — even though some national courts, notably in Italy and Switzerland, still borrow it in practice. UK261 works the same way, with the Limitation Act 1980 (six years in England and Wales) and the Prescription and Limitation (Scotland) Act 1973 (five years in Scotland).

The table above is the registry Horvera’s claim tracker uses. Each row cites its statute or judgment and says whether the period rests on statute, case law or court practice — treat a “practice” period as the safe deadline, not a guarantee of a longer one.

Which country’s period applies

The limitation period belongs to the court that would hear the claim. For a single flight you may sue where the flight departed or where it arrived (Rehder, C-204/08), or where the airline has its seat, so more than one period can be available. In practice, plan around the country of departure; if the arrival country allows longer, that is a second option, not a reason to wait.

When the clock starts: five worked examples

Most countries count from the date of the flight. Germany counts from the end of the year in which the flight took place, so every German deadline is a 31 December.

Berlin → Rome, 12 March 2024, arrived 3 hours late. Germany, 3 years from 31 December 2024: claim by 31 December 2027.

Amsterdam → Lisbon, 5 June 2024 on KLM. Netherlands, 2 years: the deadline was 5 June 2026 — a claim started now is too late. The same flight from Paris could be claimed until June 2029.

Manchester → Málaga, 20 August 2021, cancelled by easyJet. England and Wales, 6 years: claim by 20 August 2027. Still open.

Warsaw → London, 10 January 2026, delayed 4 hours. Poland, 1 year: claim by 10 January 2027 — write now.

Frankfurt → Madrid, October 2023; you complained to Lufthansa in 2024 and never heard back. Germany: deadline 31 December 2026. The complaint alone did not stop the clock, but filing with the Schlichtungsstelle Reise & Verkehr conciliation scheme suspends it (§ 204 BGB) — do that or issue a court claim before the year ends.

What stops the clock

• A court claim — always, in every country. The European Small Claims Procedure covers cross-border claims up to €5,000 without a lawyer.
• A formal dispute-resolution procedure — in Germany, filing with a recognised consumer conciliation body such as the Schlichtungsstelle Reise & Verkehr (formerly söp) suspends limitation (§ 204 BGB), as do genuine negotiations with the airline (§ 203 BGB). In the UK, referring a case to AviationADR or CEDR does not stop the six years running; if the deadline is close, a court claim must be issued as well.
• Not a complaint to the airline, a claim form on its website, or a complaint to the enforcement body, unless national law says otherwise.

Dispute schemes also have their own referral windows: AviationADR, CEDR and France’s Médiation Tourisme et Voyage each accept a case for 12 months after the airline’s final answer (or the complaint, at MTV). Missing that window does not end the court claim; it only closes the free route.

The airline’s own deadlines do not apply

Conditions of carriage sometimes say claims must be made “within 30 days” or “within one year”. They do not set the period — national law does (Cuadrench Moré). A claim inside the statutory period is in time whatever the airline’s terms say.

If the deadline is close

1. Check the flight date against the table and count forward; for Germany, count from 31 December of the flight year.
2. Send the claim to the airline today, in writing, with the flight, booking reference and the legal basis — it costs nothing and, in some countries, starts negotiations that suspend limitation.
3. If fewer than three months remain, file with a dispute scheme where that suspends the period, or issue a court claim; the departure-country guides list the competent bodies.
4. Keep proof of every step with dates: the airline’s silence is not your problem, but the calendar is.

Horvera’s claim tracker computes the deadline for your flight from this registry and flags it when fewer than 90 days remain.