What is the time limit to file a claim for a flight?
The time limit for filing a flight claim generally ranges from 2 to 5 years, depending on the type of regulation applicable in each case. This period varies depending on whether the Montreal Convention or EU Regulation 261/2004 applies, as they have different claim deadlines.
Time Limit for Filing a Claim in Case of Flight Delay or Cancellation
- Montreal Convention: 2 years
- EU Regulation 261/2004 applicable in Spain: 5 years
- EU Regulation 261/2004 in other countries: You need to consult the civil code of each country.
One of the most important questions for passengers affected by flight issues is knowing the time they have to file a claim from the day the flight in question took place.
If you would like an expert to tell you whether your case is claimable, simply fill out our form, and we will inform you without any obligation…
Let’s get into the details…
Time Limit to File for a Delay or Cancellation under the Montreal Convention
Under the Montreal Convention, the right to compensation for a passenger affected by a flight cancellation or delay expires if the corresponding action is not brought within two years from the date the flight took place.
Time Limit to File for a Delay or Cancellation under EU Regulation 261/2004
The CJEU ruling of November 22, 2012, which addressed the preliminary ruling in Case C-139/11, decided on this matter and rejected the applicability of the two-year limitation period to actions arising from Regulation (EU) No 261/2004. It was argued that, since the compensation measure provided for in Article 7 of Regulation (EU) No 261/2004 was not included in the Montreal Convention, the limitation period for the relevant action could not be considered applicable. This is an autonomous and independent rule from the Montreal Convention.
Therefore, the lack of express consideration of the issue within the body of the EU regulation must be compensated by the procedural rules applicable in each Member State, provided that such regulation respects the principles of equivalence and effectiveness.
Deadline to File a Claim in different countries
| Sweeden | 10 years (2 months after flight problem customer must contact airline) |
| UK | 6 years |
| France | 5 years |
| Spain | 5 years |
| Germany | 3 years (from the end of the year in the flight problem occurred) |
| Austria | 3 years |
| Norwegia | 3 years |
| Denmark | 3 years |
| Finland | 3 years |
| Portugal | 3 years |
| The Netherlands | 2 years |
| Poland | 1 year |
| Italy | 1 year (in EU), 1.5 years for non-EU cases, or according to many Italian T&Cs 2 years from flight problem |
| Belgium | 1 year |
Thanks to our extensive team of lawyers specialized in flight claims, they will study your case without any obligation and will file a claim for you if it is feasible.
