IrelandThe airline delayed my flight by 5 hours. What are my rights?
Under EU Regulation 261/2004 (which applies in Ireland), you are entitled to care during the delay and, if your flight was delayed by 3+ hours on arrival, potentially €250–€600 in compensation — but the Air Navigation and Transport Act 1936 does not provide passenger rights for flight delays.
What the Law Says
The Air Navigation and Transport Act 1936 is Ireland’s foundational aviation statute, but it does not set out passenger rights for flight delays. Instead, passenger rights for delays on flights departing from or arriving in Ireland are governed by EU Regulation 261/2004 — which has direct effect in Irish law. The 1936 Act contains no provisions on compensation, care, or assistance for delayed passengers.
Section 5 of the Air Navigation and Transport Act 1936 grants the Minister for Transport power to make regulations concerning air navigation and transport safety, licensing, and enforcement — but it does not address passenger rights.
Crucially, the text of section 5 says nothing about flight delays, refunds, re-routing, or compensation for passengers — meaning it provides no legal basis for claiming redress for a 5-hour delay.
Your rights arise instead from EU Regulation 261/2004, which applies to all flights departing from an EU airport (including Ireland) and flights arriving in the EU operated by an EU airline.
Statutory Text— section title
— Air Navigation and Transport Act 1936 s. 5
What to Do
Contact the airline immediately to request care (meals, refreshments, accommodation if overnight, and two free phone calls/emails).
Submit a written claim for compensation (€250 for flights ≤1500 km; €400 for EU internal flights >1500 km or non-EU flights 1500–3500 km; €600 for flights >3500 km) if your arrival was delayed by 3+ hours.
If the airline refuses without valid extraordinary circumstances (e.g., severe weather, air traffic control strikes), escalate to the Commission for Aviation Regulation (CAR) in Ireland.
Keep all receipts (meals, hotels, transport) and your booking reference — these support your claim.
Sources
Same Question, Other Jurisdictions
Germany
European Union
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.