ANSWER · UK 261 AND EC 261
Does the price I paid affect the compensation?
No. Art. 7 fixes the sums by distance band, so the same flight pays €250, €400 or €600 under EC 261 whether the fare was 40 euros or 4,000. Price only enters the regulation in Art. 8, where the refund is the price actually paid, and in Art. 10(2), where a downgrade reimburses a percentage of the ticket price.
REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
Where price is irrelevant
Compensation under Art. 7 is a standardised sum for lost time. Nelson described that loss of time as an inconvenience suffered equally by every passenger on the aircraft, which is exactly why the amount does not scale with the fare.
Where price is the measure
| PROVISION | HOW PRICE IS USED |
|---|---|
| Art. 8(1)(a) | Reimbursement at the price at which the ticket was bought |
| Art. 10(2) | Downgrade reimbursement of 30, 50 or 75 percent of the ticket price by distance |
| Art. 12 | Further compensation under national law, where actual loss is proved |
The practical consequence
On a cheap short haul fare the compensation frequently exceeds the ticket. That is a deliberate feature of a standardised scheme, and Nelson rejected the proportionality challenge built on it.
THE JUDGMENTS BEHIND THIS ANSWER
SOURCES
- Regulation (EC) No 261/2004, Art. 7 · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 10(2) · EUR-Lex · checked 7 August 2026
- Joined Cases C-581/10 and C-629/10 Nelson v Deutsche Lufthansa and TUI Travel v CAA, judgment of 23 October 2012 (Grand Chamber, ECLI:EU:C:2012:657) · EUR-Lex · checked 7 August 2026
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