ANSWER · UK 261 AND EC 261
The first leg was only 40 minutes late but I missed my connection. Does that matter?
The size of the first leg delay is not the test. Folkerts held in 2013 that compensation follows the arrival delay at the final destination, even where the departure delay stayed below the Art. 6 thresholds of two, three or four hours. A 40 minute delay that costs a connection and 3 hours at the other end is inside the rule.
REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
Two clocks that do not agree
| MEASUREMENT | READING IN THIS SCENARIO | EFFECT |
|---|---|---|
| Departure delay, first leg | 40 minutes | Below every Art. 6 care threshold |
| Arrival delay, final destination | 3 hours or more | Art. 7 compensation in play |
The standard rejection, and what it misses
Airlines answer these claims by pointing at the first leg: the delay was minor and within tolerance. Folkerts is the direct answer, because the Court accepted a first leg delay of about two and a half hours that produced an eleven hour arrival delay.
The number that belongs on the claim is the actual arrival at the final destination, doors open.
Where the connection time was very short
A connection sold below the airport's minimum connecting time is a scheduling question rather than an Art. 5(3) defence. The carrier that sold the itinerary chose the connection.
THE JUDGMENTS BEHIND THIS ANSWER
SOURCES
- Case C-11/11 Air France v Folkerts, judgment of 26 February 2013 (Grand Chamber, ECLI:EU:C:2013:110) · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 6 · EUR-Lex · checked 7 August 2026
- Joined Cases C-402/07 and C-432/07 Sturgeon v Condor, judgment of 19 November 2009 (ECLI:EU:C:2009:716) · EUR-Lex · checked 7 August 2026
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