One of the unusual features of EC261 is that the regulation itself does not specify how long you have to submit a claim. Instead, it defaults to the national limitation periods of each EU member state. This means the deadline for your claim depends on which country's law applies, and in many cases, you have a choice between several jurisdictions.
Time limits across Europe
The variation is striking. In some countries you have as little as one year. In others, you have six. Knowing which time limit applies to your situation can mean the difference between a valid claim and a missed deadline.
Key deadlines
Claim time limits by country
- 1 year — Belgium, Poland
- 2 years — Netherlands, Italy, Switzerland
- 3 years — Germany, Austria, Portugal, Czech Republic, Denmark, Sweden, Finland
- 5 years — France, Spain
- 6 years — United Kingdom, Ireland
Which country's time limit applies?
This is where things get interesting. Because EC261 does not specify a limitation period, the applicable deadline depends on the law governing the dispute. As a passenger, you may be able to choose between several options:
The country of departure: the time limit of the nation where your flight originated. The country of arrival: where your flight was scheduled to land. The airline's home country: where the operating carrier is incorporated or licensed.
In practice, this means a Ryanair flight from Amsterdam to Madrid could potentially be assessed under Dutch law (2 years), Spanish law (5 years), or Irish law (6 years, since Ryanair holds an Irish licence). If you are within the Dutch deadline, it does not matter. But if the two-year Dutch window has closed, claiming under Irish or Spanish law could still be an option.
Germany has a special rule
In Germany, the 3-year limitation period runs until 31 December of the third year after the flight, not from the exact date. A flight on 15 March 2023 has a deadline of 31 December 2026, giving you effectively up to 3 years and 9 months.
When the clock starts
In most countries, the limitation period begins on the date of the disrupted flight. However, some jurisdictions have nuances. In Germany, as noted above, the clock runs from the end of the year. In some countries, the period starts from when the passenger became aware (or should have become aware) of their rights, though this interpretation is less common for EC261 claims.
Why you should not wait
Even though some countries give you five or six years, there are practical reasons to claim sooner rather than later. Evidence becomes harder to gather as time passes. Emails are deleted, booking platforms close accounts, and your memory of events fades. Airlines can merge, rebrand, or cease operations, complicating the claims process. And while the legal right persists, the practical difficulty of pursuing a claim increases with every year that passes.
If your flight was recent, claim now. If it was a few years ago, check the relevant time limit and claim before it expires. There is no strategic advantage to waiting.