ANSWER · UK 261 AND EC 261

Does my nationality affect my flight compensation claim?

No. Art. 3(1) attaches the regulation to the flight, not to the passenger: the departure airport and the operating carrier decide coverage. A passenger on any passport flying out of Madrid has the same Art. 7 entitlement as an EU citizen on the same aircraft, and where the ticket was bought makes no difference either.

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

What Art. 3 actually conditions on

The departure airport, or for inbound flights the operating carrier's nationality.
A confirmed reservation and presenting for check in on time under Art. 3(2).
Not travelling free or on a fare unavailable to the public under Art. 3(3).

Things that are not in the test

Your nationality or your residence.
Where and how the ticket was purchased.
The currency you paid in.
Whether you hold a frequent flyer account with the airline.

One practical consequence

Because coverage is territorial, the country of departure also tends to set the court that would hear an unpaid claim, and Cuadrench Moré holds that the court's own national law sets the time limit. So nationality does not affect entitlement, while the departure country affects the deadline.

THE JUDGMENTS BEHIND THIS ANSWER

Cuadrench Moré, C-139/112012

SOURCES

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