The Core Rule: Two Tests, Both Must Pass
EU Regulation 261/2004 applies to a flight if at least one of the following is true:
Test 1: The flight departs from an EU member state airport
This applies to any airline — EU or non-EU. If your flight takes off from Paris CDG, Amsterdam AMS, Warsaw WAW, Barcelona BCN, etc., EU261 applies regardless of who operates the flight.
Test 2: The flight arrives in the EU and is operated by an EU-licensed carrier
This only covers EU airlines (Ryanair, Wizz Air, Lufthansa, LOT, etc.) on inbound flights from outside the EU. A Ryanair flight from New York to London Stansted: covered. An Emirates flight from Dubai to Paris: not covered by EU261.
UK after Brexit: Flights departing UK airports are covered by the UK's equivalent regulation, UK261, with identical compensation amounts (£220 / £350 / £520). Non-EU, non-UK airlines are covered on UK departures only.
Which Airlines Are Covered — Quick Reference
| Airline | Registration | Flight FROM EU | Flight TO EU only |
|---|---|---|---|
| 🇮🇪 Ryanair | Ireland (EU) | ||
| 🇭🇺 Wizz Air | Hungary (EU) | ||
| 🇩🇪 Lufthansa | Germany (EU) | ||
| 🇵🇱 LOT Polish Airlines | Poland (EU) | ||
| 🇹🇷 Turkish Airlines | Türkiye (non-EU) | ||
| 🇦🇪 Emirates | UAE (non-EU) | ||
| 🇶🇦 Qatar Airways | Qatar (non-EU) | ||
| 🇺🇸 United Airlines | USA (non-EU) | ||
| 🇺🇸 American Airlines | USA (non-EU) | ||
| 🇨🇦 Air Canada | Canada (non-EU) |
✓ = EU261 applies. ✗ = EU261 does NOT apply (flight arriving in EU on non-EU airline). UK flights: UK261 applies on the same terms.
Not Sure If Your Flight Is Covered?
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Check Eligibility FreeCommon Non-EU Airlines: Exactly When EU261 Applies
Turkish Airlines
Istanbul–Frankfurt (THY) ❌ | Frankfurt–Istanbul (THY) ✅
Turkish Airlines is registered in Türkiye, a non-EU country. EU261 applies only when the flight departs from the EU. Millions of passengers fly Turkish Airlines routes from EU airports to Istanbul (IST) and beyond — those outbound legs are fully covered. The return leg, IST–EU, is not.
Emirates
Dubai–Amsterdam (EK) ❌ | Amsterdam–Dubai (EK) ✅
Emirates flights departing any EU airport — Frankfurt, Amsterdam, Paris, Rome, Madrid — are covered by EU261. Emirates flights arriving in the EU from Dubai are not, because Emirates is a UAE-registered carrier and the flight departs outside the EU.
Qatar Airways
Doha–Warsaw (QR) ❌ | Warsaw–Doha (QR) ✅
Same logic as Emirates. Qatar Airways flights departing EU airports are subject to EU261. Their flights from Doha Hamad (DOH) arriving in the EU are not — despite Doha being a major hub used by many EU passengers.
United / American / Delta
New York–London (UA) ❌ | Paris–New York (UA) ✅
US carriers are covered when the flight departs from an EU airport. A United Airlines flight from Paris CDG to JFK is subject to EU261. The same airline's return flight from JFK to Paris is not (unless LOT or another EU carrier is the operating carrier on that leg).
Codeshare and Interline Flights
Codeshare flights add a layer of complexity. EU261 places responsibility on the operating carrier — the airline that physically operates the flight — not the airline that sold you the ticket.
Example:
You book a LOT Polish Airlines (EU carrier) ticket Warsaw–New York. The ticket shows a LOT flight number, but the aircraft is actually operated by United Airlines. The flight departs Warsaw (EU airport). Because it departs from the EU, EU261 applies regardless of which airline physically operates it. Your claim goes to the operating carrier (United), but LOT as the contracting carrier may also bear responsibility — courts have ruled both ways.
What If EU261 Does Not Apply to Your Flight?
If your flight is not covered by EU261 (e.g., a non-EU airline flying into the EU from outside), you may still have options:
Montreal Convention
Covers financial losses caused by flight delays (missed events, accommodation, transport) for all international flights. The claim amount is capped but flexible.
Airline's own policy
Many non-EU airlines have their own compensation policies that may be equal to or more generous than EU261. Check the airline's conditions of carriage.
Local consumer protection laws
Some destination countries have their own passenger rights regulations. The USA has DOT rules for domestic flights; Canada has APPR; Brazil has ANAC rules.
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Frequently Asked Questions
Does EU261 apply to non-EU airlines like Emirates or Turkish Airlines?
Yes — but only for flights departing from an EU airport. If your Emirates or Turkish Airlines flight departs from Frankfurt or Warsaw, EU261 applies. If it departs from Dubai or Istanbul, EU261 does not apply.
Does EU261 apply to flights from the UK after Brexit?
The UK has retained equivalent rules under UK Regulation 261/2004 (UK261). Flights departing UK airports are covered by UK261. UK-based carriers (British Airways, easyJet UK) are covered on flights into the UK. The compensation amounts are identical: £220, £350, and £520.
I flew with a non-EU airline from outside the EU — what are my rights?
EU261 does not apply. You may have rights under the Montreal Convention (for delays causing financial loss), the airline's own conditions of carriage, or consumer protection rules of the departure country.
What if I booked with an EU airline but the flight was operated by a non-EU carrier?
EU261 places responsibility on the operating carrier. If the flight departs from the EU, EU261 still applies regardless of whether the operator is EU or non-EU. Your claim goes to the operating carrier.
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