European UnionMy flight was delayed over 3 hours. Am I entitled to compensation?
Yes, you may be entitled to compensation if your flight was delayed by 3 hours or more and departed from an EU airport or was operated by an EU airline arriving in the EU.
What the Law Says
EU Regulation (EC) No 261/2004 sets out passenger rights for flight delays, cancellations, and denied boarding. It applies automatically — no need to sign up or opt in.
You are entitled to fixed compensation if your flight arrived at least 3 hours late and meets one of these conditions: (1) it departed from an airport in an EU Member State, or (2) it arrived at an EU airport and was operated by an EU airline.
The compensation amount depends on flight distance: €250 for flights up to 1,500 km; €400 for intra-EU flights over 1,500 km and all other flights between 1,500–3,500 km; and €600 for all flights over 3,500 km.
Airlines do not have to pay if the delay was caused by 'extraordinary circumstances' — such as severe weather, air traffic control strikes, or political unrest — which could not have been avoided even with all reasonable measures.
Statutory TextWhere reference is made to this Regulation, passengers shall have the right to compensation from the operating air carrier in the event of cancellation or long delay of a flight.
— Regulation (EC) No 261/2004, Art. 7(1) — Right to compensation
Statutory TextThe compensation referred to in paragraph 1 shall be: (a) €250 for all flights of 1 500 kilometres or less; (b) €400 for all intra-Community flights of more than 1 500 kilometres, and for all other flights between 1 500 and 3 500 kilometres; (c) €600 for all flights not falling under (a) or (b).
— Regulation (EC) No 261/2004, Art. 7(2) — Amounts
What Courts Have Said
European courts have clarified key aspects of Regulation 261/2004, especially regarding extraordinary circumstances and the definition of ‘delay’.
The CJEU ruled that passengers whose flights are delayed by 3 hours or more are entitled to the same compensation as those whose flights are cancelled — confirming delay compensation is not limited to cancellations.
The court held that technical problems caused by poor maintenance are not ‘extraordinary circumstances’, so airlines remain liable for compensation.
What to Do
Keep your booking confirmation, boarding pass, and any delay notification (e.g., email or gate announcement).
Contact the airline in writing within 5 years of the flight date — most EU countries allow claims up to 5 years after the incident.
If the airline refuses without valid justification (e.g., proven extraordinary circumstances), file a complaint with your national enforcement body (NEB) — a list is available on the European Commission website.
As a last resort, consider small claims court in the country where the airline is based or where the flight departed.
Sources
Same Question, Other Jurisdictions
Germany
Ireland
South KoreaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.