FlightRepay

ANSWER · UK 261 AND EC 261

The airline rejected my claim. What routes exist?

Three routes exist after a rejection. Art. 16 requires each Member State to designate a national enforcement body for flights from airports on its territory. Many carriers also belong to an approved alternative dispute resolution scheme. Beyond those, a claim can be brought in court, subject to the limitation period for the forum, which runs from 1 to 10 years.

REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026

The three routes

ROUTEWHAT IT ISBASIS
National enforcement bodyThe designated regulator for flights departing that stateArt. 16(1)
Alternative dispute resolutionAn approved scheme the airline has joined, where it has joined oneNational consumer ADR rules
Court proceedingsA civil claim against the operating carrierNational procedure, limitation set by the forum
Art. 16 also requires each body to take the measures necessary to ensure passengers' rights are respected. These routes are described here, not recommended.

What a rejection letter usually turns on

Most rejections assert an extraordinary circumstance. Art. 5(3) requires the carrier to prove both the circumstance and that the consequences could not have been avoided even taking all reasonable measures, and the case law has already resolved most of the common causes in the passenger's favour.

Reading the stated reason against the rulings library is the fastest way to see which side of the line a rejection sits on.

The clock keeps running

Correspondence with the airline generally does not extend a limitation period. Our own rule set refers a claim to a partner once it is inside the near expiry window rather than taking it on under time pressure.

THE JUDGMENTS BEHIND THIS ANSWER

Cuadrench Moré, C-139/112012

SOURCES

  1. Regulation (EC) No 261/2004, Art. 16 · EUR-Lex · checked 7 August 2026
  2. Regulation (EC) No 261/2004, Art. 5(3) · EUR-Lex · checked 7 August 2026
  3. Case C-139/11 Cuadrench Moré v KLM, judgment of 22 November 2012 (ECLI:EU:C:2012:741) · EUR-Lex · checked 7 August 2026

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