Airline Not Responding to Your Compensation Claim? Deadlines & Next Steps
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Risposta rapida
EU261 sets no fixed deadline for an airline to answer. The wait before escalation depends on the country and body: one month for AESA in Spain, eight weeks for UK schemes, and different periods elsewhere. Keep proof of when you claimed; once the relevant period has run (or the airline gives a final refusal), check the right next step. Court limitation periods keep running while you wait.
Direct answer
- Short answer
- EU261 sets no deadline for the airline to reply. The escalation wait varies by country: 8 weeks in the UK, 2 months in Germany and France, 1 month in Spain, 6 weeks in Austria, Italy and Switzerland, and 30 days in Poland. Once your period has run, check the route for your country and keep the court deadline in mind.
- Amount
- —The amount does not change with the wait: €250–€600 / £220–£520 per passenger by distance
- Why
- Regulation 261/2004 leaves complaint handling to national enforcement bodies and consumer ADR; each body sets when a case is admissible, and the Commission's guidance confirms the Regulation itself sets no reply deadline.
- What can change it
- The airline gives a final answer earlier: the case is referable from that date.
- The airline asked for documents: answer first — an information request is not a refusal.
- The limitation period is close: go to court without waiting for the airline.
- No body with a stated waiting rule covers your country: the enforcement body and the court remain open.
- Check your flight
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- Official source
- Regulation (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 Parliament and CouncilLast checked against the source on 23 settembre 2026
Is your case ready for ADR?
Have you claimed from the airline in writing?
ADR Directive 2013/11 Art. 5(4)(a): a scheme may refuse a dispute not first raised with the trader
- Yes
Has the airline given its final answer, or has the scheme's waiting period passed?
UK schemes: final response or 8 weeks; Germany: 2 months; France (MTV): 2 months; Spain (AESA): 1 month; Austria (apf): 6 weeks; Poland: 30 days
- Yes
Is there a scheme for this airline and departure country?
Membership-based (AviationADR, CEDR, MTV) or open to every airline flying from the country (AESA, apf, the Polish ombudsman); in Germany non-member airlines go to the Federal Office of Justice's scheme (Schlichtungsstelle Luftverkehr)
- Yes
Are you still inside the scheme's referral window and the country's court deadline?
e.g. 12 months from the final answer (UK schemes), 1 year from the claim (AESA, MTV, apf); the ADR Directive sets a floor of one year (Art. 5(4)(e))
- YesPursue: Refer the case to the scheme. In the binding schemes (AviationADR, CEDR, AESA) the airline must comply; the decision never binds you. Check your case
- NoCheck: The scheme is closed to you; the court remains open until the limitation period of the country ends. Court deadlines by country
- Yes
- NoPursue: Complain to the enforcement body and consider the small-claims court — the European Small Claims Procedure for cross-border claims up to €5,000. ADR, enforcement body or court
- Yes
- NoCheck: Wait until the period has run, or send one dated reminder asking for a final answer. Waiting periods by country
- Yes
- NoCheck: Claim first — every scheme and enforcement body requires it. Keep the date: it starts the waiting period. Write the claim for free
Waiting periods before escalation, by body
From Horvera’s dispute-body registry; each row was checked on the body’s own site on the date shown.
| Country | Body | The airline has | Then refer within | Basis |
|---|---|---|---|---|
| Austria | Agentur für Passagier- und Fahrgastrechte (apf)ADR — proposal or recommendation | 6 weeks (42 days) after your claim, unless it answers finally sooner | 12 months of your claim to the airline | The body’s own rulesAgentur für Passagier- und Fahrgastrechte (apf)Checked 2026-09-23 |
| France | Médiation Tourisme et Voyage (MTV)ADR — proposal or recommendation | 2 months (60 days) after your claim, unless it answers finally sooner | 12 months of your claim to the airline | The body’s own rulesMédiation Tourisme et Voyage (MTV)Checked 2026-09-23 |
| Germany | Schlichtungsstelle Reise & Verkehr (formerly söp)ADR — proposal or recommendation | 2 months (60 days) after your claim, unless it answers finally sooner | — | StatuteBundesrepublik Deutschland — Gesetze im InternetChecked 2026-09-23 |
| Italy | Ente Nazionale per l'Aviazione Civile (ENAC)Enforcement body — can sanction, does not award | 6 weeks (42 days) after your claim, unless it answers finally sooner | — | The body’s own rulesENAC — Ente Nazionale per l'Aviazione CivileChecked 2026-09-18 |
| Poland | Rzecznik Praw Pasażerów (Passenger Rights Ombudsman at ULC)ADR — proposal or recommendation | 1 month (30 days) after your claim, unless it answers finally sooner | 12 months of the flight | StatuteRzecznik Praw Pasażerów przy Prezesie ULCChecked 2026-09-23 |
| Spain | AESA — resolución alternativa de litigiosADR — binding on the airline | 1 month (30 days) after your claim, unless it answers finally sooner | 12 months of your claim to the airline | The body’s own rulesAgencia Estatal de Seguridad Aérea (AESA)Checked 2026-09-23 |
| Switzerland | Swiss Federal Office of Civil Aviation (FOCA / BAZL)Enforcement body — can sanction, does not award | 6 weeks (42 days) after your claim, unless it answers finally sooner | — | The body’s own rulesSwiss Federal Office of Civil Aviation (FOCA / BAZL)Checked 2026-09-18 |
| United Kingdom | AviationADRADR — binding on the airline | 8 weeks (56 days) after your claim, unless it answers finally sooner | 12 months of the airline’s final answer | The body’s own rulesUK Civil Aviation AuthorityChecked 2026-09-23 |
| United Kingdom | CAA Passenger Advice and Complaints Team (PACT)ADR — proposal or recommendation | 8 weeks (56 days) after your claim, unless it answers finally sooner | — | The body’s own rulesUK Civil Aviation AuthorityChecked 2026-09-23 |
| United Kingdom | CEDR AviationADR — binding on the airline | 8 weeks (56 days) after your claim, unless it answers finally sooner | 12 months of the airline’s final answer | The body’s own rulesUK Civil Aviation AuthorityChecked 2026-09-23 |
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There is no deadline in the Regulation
Nothing in Regulation 261/2004 obliges the airline to answer within a set time. The European Commission’s complaint guidance says only to contact the airline first and then the enforcement body; each escalation body sets its own admissibility rule. So the question is not how long the airline has — it is how long you must wait before someone outside the airline takes the case.
The waiting periods that decide it
The table below is generated from Horvera’s dispute-body registry — each body’s rule as stated on its own site. In short:
- United Kingdom — AviationADR, CEDR and the CAA’s PACT team: eight weeks without a final answer, or a “deadlock” letter, whichever comes first; then refer within 12 months.
- Germany — the Schlichtungsstelle Reise & Verkehr: two months after your complaint (a statutory rule of the German Air Traffic Act).
- France — Médiation Tourisme et Voyage: a refusal or two months of silence; refer within one year of your complaint.
- Spain — AESA: a refusal or one month of silence; file within one year of your claim.
- Austria — apf: six weeks, or an unsatisfactory answer; file within one year of your complaint.
- Italy — ENAC: six weeks without an answer, or an unsatisfactory one; within two years of the flight. ENAC warns that some airlines refuse complaints made more than six months after the disruption, so claim early.
- Switzerland — FOCA: six weeks without an answer, or an unsatisfactory one; FOCA normally does not open a procedure for a flight more than a year old.
- Poland — the Passenger Rights Ombudsman: 30 days after your complaint, and within one year of the flight.
Where the registry has no stated rule (Ireland’s IAA, for example), the enforcement body accepts a complaint once the airline has had a reasonable chance to answer, and the court needs no answer from the airline at all.
What to do while you wait
- Keep proof the claim arrived — an acknowledgement, a case reference, or the sent e-mail with its date. The waiting period runs from it.
- After about four weeks, send one dated reminder quoting the reference and asking for a final answer within 14 days.
- When the period has run, refer the case. Do not wait for a second reminder: silence is treated like a refusal by every body above.
The clock that does not stop
The court limitation period of the departure country keeps running while the airline stays silent — from one year (Poland, as its courts apply it) to six years (England and Wales, Ireland). A referral to a scheme does not always pause it; the ADR Directive only protects you when the procedure is non-binding (Art. 12). The time-limit page has the period for each country.
If the airline asks for documents
A request for your booking reference, boarding pass or bank details is not a refusal, and most bodies will not count the waiting period as expired while you have not answered it. Send the documents once, with the airline’s reference, and note the date: the period restarts from a complete claim in practice. The ignored-claim guide has the reminder wording.
Domande e risposte
Is there a legal deadline for an airline to respond to an EU261 claim?
No. Regulation 261/2004 does not set one. The deadlines that matter are the escalation bodies' admissibility rules — for example eight weeks for the UK ADR schemes and one month for AESA in Spain — after which silence is treated like a refusal and the body takes the case.
- Condizioni
- A written claim to the airline, with proof of the date
- Eccezioni
- Some airlines state their own reply targets; they are service promises, not legal deadlines
- Esempio
A claim to an airline for a flight from Madrid sent on 3 March and unanswered on 4 April can be filed with AESA from that day.
- Passo successivo
- Is my case ready for escalation?
- Official source
- How to complain: contact the airline first, then the National Enforcement Body of the country of departure (or arrival for inbound EU-carrier flights)
What should I do if the airline has not answered after eight weeks?
For a UK flight, refer the claim to the airline's ADR scheme (AviationADR or CEDR) or, if it is in neither, to the CAA's PACT team: eight weeks without a final answer is enough. Elsewhere, check the body's own waiting period — most are shorter than eight weeks — and refer; send one dated reminder first if you have not already.
- Condizioni
- Proof the claim was sent and when
- Eccezioni
- Refer within the scheme's window — 12 months from the final answer or the last contact for the UK schemes
- Esempio
An easyJet claim for a Gatwick departure sent on 1 May and unanswered on 26 June goes to AviationADR, free of charge.
- Passo successivo
- ADR schemes and members
- Official source
- Alternative dispute resolution (ADR) for aviation complaints
Fonti
- Agentur für Passagier- und Fahrgastrechte (apf)Schlichtung Flug — Voraussetzungen
- Swiss Federal Office of Civil Aviation (FOCA / BAZL)Air passenger rights — scope, how to refer a case to FOCA, questions and answers
- Bundesrepublik Deutschland — Gesetze im InternetLuftverkehrsgesetz § 57a — Schlichtung: Anrufung der Schlichtungsstelle nach erfolgloser Geltendmachung beim Luftfahrtunternehmen (zwei Monate)
- Agencia Estatal de Seguridad Aérea (AESA)Reclamaciones por cancelaciones, retrasos, denegaciones de embarque y PMR — resolución alternativa de litigios (vuelos desde el 2 de junio de 2023)
- European Parliament and CouncilDirective 2013/11/EU on alternative dispute resolution for consumer disputes
- European Commission — DG MOVEHow to complain: contact the airline first, then the National Enforcement Body of the country of departure (or arrival for inbound EU-carrier flights)
- 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
- Médiation Tourisme et Voyage (MTV)Saisir le médiateur — conditions de recevabilité (réclamation écrite préalable, absence de réponse sous deux mois ou réponse insatisfaisante, saisine dans l'année)
- ENAC — Ente Nazionale per l'Aviazione CivileModalità di reclamo per negato imbarco, cancellazione e ritardo prolungato del volo — reclamo alla compagnia, sei settimane, due anni dal volo
- Rzecznik Praw Pasażerów przy Prezesie ULCPostępowanie polubowne — warunki złożenia wniosku
- UK Civil Aviation AuthorityAlternative dispute resolution (ADR) for aviation complaints
Ultima revisione legale: 23 settembre 2026 · Contenuto aggiornato: 23 settembre 2026
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