IrelandI was denied boarding due to overbooking.
If you were denied boarding due to overbooking on a flight departing from or arriving in Ireland, you are entitled to compensation and assistance under EU Regulation 261/2004 — not the Air Navigation and Transport Act 1936, which does not address passenger rights for overbooking.
What the Law Says
The Air Navigation and Transport Act 1936 does not provide passenger rights for denied boarding or overbooking. Instead, your rights come from EU Regulation 261/2004, which applies directly in Ireland. The 1936 Act is outdated for this issue and contains no relevant provisions on compensation or assistance for overbooked passengers.
The Air Navigation and Transport Act 1936 was enacted long before modern air passenger protections existed. Its Section 5 deals with general powers of the Minister and does not mention denied boarding, overbooking, compensation, or passenger assistance.
EU Regulation 261/2004 — not Irish statute — sets binding rules for airlines operating flights to, from, or within the EU, including Ireland. It guarantees care (meals, accommodation, calls) and fixed cash compensation depending on flight distance and delay length.
For denied boarding due to overbooking, you’re entitled to: (1) reimbursement or re-routing; (2) care while waiting; and (3) compensation of €250 (up to 1,500 km), €400 (1,500–3,500 km), or €600 (over 3,500 km), unless the airline proves extraordinary circumstances.
Statutory Text— Air Navigation and Transport Act 1936, s. 5
What to Do
Ask the airline for a written confirmation of denied boarding and the reason (e.g., overbooking).
Request immediate care: meals, refreshments, two free phone calls/emails, and — if delayed overnight — hotel accommodation and transport.
Choose between a full refund (for cancelled flight) or re-routing at earliest opportunity.
Submit a written claim for compensation within 7 days — cite EU Regulation 261/2004, not Irish statute.
If refused, escalate to the Commission for Aviation Regulation (CAR) in Ireland: https://www.aviationregulation.ie
Sources
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US FederalNot 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.