ANSWER · EC 261
My flight was moved earlier. Is that a cancellation?
Yes, once it moves by more than one hour. The Court of Justice held on 21 December 2021 in Airhelp v Laudamotion that bringing a flight forward by more than an hour is a cancellation under Art. 2(l), because an earlier departure can cost you the ability to plan your time. The cancellation rules then apply in full, including the 14 day notice test and compensation.
REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
Where the one hour line comes from
The Court fixed the reference points itself: brought forward by more than one hour is significant and counts as a cancellation; one hour or less is negligible. In the case that set the rule, a Palma to Vienna flight moved from 14.40 to 8.25 and the passengers learned four days ahead.
What follows once it counts as cancelled
The Art. 5(1)(c) notice windows run as usual, so the airline avoids compensation only with 14 days notice, or shorter notice plus a replacement inside the departure and arrival margins. For a flight moved earlier the departure margins are the ones that bite, since leaving early is exactly what the rule protects against.
A note for UK flights
The judgment came after the Brexit transition ended, so it binds EU courts and is persuasive rather than binding for UK 261 claims. UK courts decide the same question on the retained regulation's own terms.
THE JUDGMENTS BEHIND THIS ANSWER
SOURCES
- Case C-263/20 Airhelp v Laudamotion, judgment of 21 December 2021 (ECLI:EU:C:2021:1039) · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 5(1)(c) · EUR-Lex · checked 7 August 2026
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