Why EU261 Has No Single Time Limit
EU Regulation 261/2004 is silent on limitation periods. The European legislature deliberately left this to member states — meaning the time you have to bring a claim is governed by the national law of whichever country's courts hear the case.
The European Court of Justice confirmed in Sousa Rodríguez v Air France (2011) and subsequent rulings that national procedural rules — including limitation periods — apply to EU261 claims, as long as they do not make it practically impossible or excessively difficult to exercise EU rights.
Practical consequence: If you flew from Warsaw to London and want to claim in Poland, you have 1 year. If you choose to claim in a UK court instead (for the same flight), you may have 6 years. Jurisdiction strategy matters for older claims.
Limitation Periods by Country — Key Markets
| Country | Limitation period | Clock starts | Enforcement body |
|---|---|---|---|
| 🇵🇱 PolandShortest | 1 year | Date of the flight | ULC (Urząd Lotnictwa Cywilnego) |
| 🇬🇧 UK (England & Wales) | 6 years | Date of the flight | CAA (Civil Aviation Authority) |
| 🇬🇧 UK (Scotland) | 5 years | Date of the flight | CAA |
| 🇩🇪 Germany | 3 years | End of calendar year of the flight | LBA (Luftfahrt-Bundesamt) |
| 🇫🇷 France | 5 years | Date of the flight | DGAC (Direction générale de l'Aviation civile) |
| 🇮🇪 Ireland | 6 years | Date of the flight | IAA (Irish Aviation Authority) |
| 🇳🇱 Netherlands | 2 years | Date of the flight | ILT (Inspectie Leefomgeving en Transport) |
| 🇪🇸 Spain | 5 years | Date of the flight | AESA (Agencia Estatal de Seguridad Aérea) |
| 🇮🇹 Italy | 2 years | Date of the flight | ENAC (Ente Nazionale per l'Aviazione Civile) |
| 🇦🇹 Austria | 3 years | Date of the flight | Austro Control |
Limitation periods are based on current national law and court practice. Always verify with a legal professional for your specific situation.
Which Country's Limitation Period Applies to Your Claim?
Jurisdiction for EU261 claims is generally determined by:
Country of departure
For flights departing from Poland, Polish courts have jurisdiction — and Poland's 1-year limit applies. For departures from Germany, German courts and German law apply.
Country of arrival (for inbound EU-carrier flights)
For flights arriving in the EU on an EU carrier, you may be able to bring a claim in the destination country — applying that country's limitation period.
Country where the airline is registered
In some cases, you may bring a claim in the country where the airline has its principal place of business — potentially giving access to a more favourable limitation period.
Poland's 1-year limit is the harshest in Europe
If your flight departed from Warsaw Chopin (WAW) or Kraków (KRK), you almost certainly have only 1 year from the flight date to file a legal claim. Sending a complaint to the airline does NOT stop this clock. Act immediately if you are approaching this limit.
Does Filing a Complaint With the Airline Stop the Clock?
In most EU countries — no. Sending an email or formal complaint to the airline is not the same as filing a legal claim. The limitation clock keeps running while you wait for the airline to respond.
Does NOT stop the clock
- • Emailing the airline's customer service
- • Submitting a complaint form on the airline's website
- • Waiting for the airline's response
- • Writing to the national enforcement body (in most countries)
May stop or suspend the clock
- • Filing a claim with a court
- • Submitting to an approved ADR/ombudsman scheme (in some countries)
- • Formal legal notice served by a lawyer (in some jurisdictions)
Old Flight? Don't Wait Any Longer
Every day you wait reduces your options. ClaimWinger checks your eligibility instantly — and if the clock is still running, submits your claim before the deadline.
Check My Old Flight ClaimWhat Documents Do You Need for an Old Claim?
The older the flight, the harder it is to gather evidence. Here is what you need and where to find it:
Booking confirmationRequired
Check your email inbox — search for the airline name, flight number, or 'booking confirmation'. Travel agencies (Booking.com, Expedia, eSky) also keep records accessible via your account.
Boarding passRequired
Paper boarding passes fade quickly but digital ones may still be in your email, Apple Wallet, or Google Pay. Some airlines allow retrieval from your account booking history.
Proof of delay or cancellationRequired
FlightAware and Flightradar24 keep historical delay data for several years. Search by flight number and date. Alternatively, look for delay notification emails or SMS from the airline.
Proof you were on the flight
Your booking confirmation linked to your name is usually sufficient. Frequent flyer account history can also confirm your travel.
Bank or card statement
Shows proof of ticket purchase if the booking confirmation is lost. Useful as supplementary evidence.
How to File a Claim for an Old Flight — Step by Step
Confirm the limitation period hasn't expired
Check the table above for your country. Count from the date of the actual flight — not when you first thought about claiming.
Gather your documents
Booking confirmation, boarding pass or proof of travel, and flight delay evidence (FlightAware, FlightRadar24, delay notification email).
Send a formal claim to the airline
Write to the airline's customer relations department citing EU Regulation 261/2004, your flight details, and the exact delay. Request a response within 14 days.
If rejected or ignored — escalate immediately
File with your national enforcement body (ULC for Poland, CAA for UK, LBA for Germany) or submit to an ADR scheme. For legal action, use the European Small Claims Procedure if the airline is in another EU country.
Consider a claim company
Specialist claim companies like ClaimWinger handle everything — from submission to court action if needed. They work on a no-win no-fee basis: 30% commission only on success (+ VAT for Polish residents).
Related Guides
Frequently Asked Questions
Can I claim EU261 compensation for a flight from 3 years ago?
It depends on which country's courts have jurisdiction. Germany allows 3 years, France 5 years, the UK 6 years — so for flights departing from those countries, a 3-year-old claim may still be valid. However, Poland allows only 1 year, so a claim for a flight from Warsaw 3 years ago would be time-barred.
How long do I have to claim EU261 compensation?
The time limit depends on the country: Poland — 1 year; Netherlands and Italy — 2 years; Germany and Austria — 3 years; France, Spain and Scotland — 5 years; England, Wales and Ireland — 6 years. The clock typically starts from the date of the disrupted flight.
Which country's limitation period applies to my EU261 claim?
Generally, the country of departure determines jurisdiction. If your flight departed from Warsaw, Polish law applies (1 year). If it departed from Frankfurt, German law applies (3 years). In some cases you may bring the claim in multiple jurisdictions — a legal professional can advise on the best option.
Does submitting a complaint to the airline stop the clock?
No, in most EU countries. Emailing the airline is not the same as filing a legal claim. Only court filings or ADR submissions typically suspend the limitation period. Don't wait for the airline to respond — if the deadline is approaching, file formally.
What documents do I need to claim for an old flight?
You need your booking confirmation, a boarding pass or proof you checked in, and evidence of the delay or cancellation — such as data from FlightAware, a delay notification email, or a cancellation message from the airline. Retrieve these quickly as older records are harder to find.
Don't Let the Deadline Pass
If your flight was delayed or cancelled and the limitation period hasn't expired, you may still be owed up to €600. ClaimWinger checks instantly and files before the clock runs out — no win, no fee. 30% commission only on success (+ VAT for Polish residents).
Check My Old Flight Claim Now