How Far Back Can You Claim Flight Delay Compensation?
There is no single answer: each rule sets its own clock. Canada's is the shortest at 1 year. UK261 claims in England and Wales can go back six years. EU261 has no deadline of its own and borrows the limitation period of the country where you claim.
The deadlines side by side
| Rule | Deadline | Where it comes from |
|---|---|---|
| EU261 | National law | CJEU, Case C-139/11 Moré v KLM (22 Nov 2012) |
| UK261 | 6 years (England and Wales) | Limitation Act 1980, section 9 (legislation.gov.uk) |
| APPR | 1 year | Air Passenger Protection Regulations, SOR/2019-150 (Justice Laws) |
| US DOT | No set deadline | 14 CFR 260.2 (eCFR) |
EU261: national law decides
The regulation is silent on time limits. In Moré v KLM (Case C-139/11, 22 November 2012) the Court of Justice ruled that the time-limits for actions under Articles 5 and 7 are "determined in accordance with the rules of each Member State on the limitation of actions." So a claim brought in one country can have a different deadline from the same claim brought in another. The country is normally where the flight left or arrived, or where the airline is based. This site does not list every national period, because it has not checked each one against the national statute; the national enforcement body of the country where the incident happened can tell you.
UK261: six years in England and Wales
Section 9(1) of the Limitation Act 1980 says an action "to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued." UK261 compensation is such a sum. That section extends to England and Wales; Scotland and Northern Ireland have their own limitation law.
A worked example: a £350 claim for Manchester to Málaga (1,862 km, the 1,500 to 3,500 km band), delayed 4 hours by a crew shortage. Six years later the claim can still be brought in England.
Canada: one year, and the airline's 30 days
APPR section 19(3) requires the request to reach the airline "before the first anniversary of the day on which the flight delay or flight cancellation occurred". The airline then has 30 days to pay or explain why nothing is owed (s. 19(4)). A delay of 7 hours with a large airline is worth $700 — but only if you write within the year.
United States: the refund clock is the airline's
Because US law gives a refund rather than compensation, the deadline that matters is the airline's: 7 business days on a card and 20 calendar days for other payments, from the request. Ask promptly.
Practical points
- Start from the flight date, not the date you noticed you might have a claim.
- Keep the booking confirmation, boarding passes and any message from the airline about the cause.
- When two rules cover a trip, the shorter deadline should drive your timing even if you end up claiming under the other.
See extraordinary circumstances for the most common reason old claims are refused.
Sources
- CJEU, Case C-139/11 Moré v KLM (22 Nov 2012)
- Limitation Act 1980, section 9 (legislation.gov.uk)
- Air Passenger Protection Regulations, SOR/2019-150 (Justice Laws)
- 14 CFR 260.2 (eCFR)
- Canadian Transportation Agency: Flight delays, cancellations, rebooking, refunds and compensation
Questions
How long do I have to claim EU261 compensation?
The regulation sets no deadline. The Court of Justice held in Moré v KLM (C-139/11) that the time limit is set by each member state's rules on limitation of actions, so it depends on where the claim is brought.
How long do I have under UK261?
In England and Wales, an action for a sum recoverable under an enactment must be brought within six years (Limitation Act 1980, s. 9). Scotland and Northern Ireland have their own rules.
How long do I have under Canada's APPR?
One year. The request must reach the airline before the first anniversary of the delay or cancellation (s. 19(3)).