ANSWER · UK 261 AND EC 261
Can I claim on a US airline flying into Europe?
No. Art. 3(1)(b) extends the regulation to flights from a third country into a Member State only where the operating carrier is a Community carrier. A US airline flying New York to Paris is outside EC 261, and a non UK, non EU carrier flying into the UK is outside the retained regulation. The outbound leg from Europe is covered.
REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
The asymmetry, and why it exists
Departures are covered because the flight leaves EU or UK territory. Arrivals are covered only through the carrier, because the EU legislature could not regulate a flight that neither departs its territory nor is operated by one of its airlines.
Which half of a return is covered
| LEG | OPERATING CARRIER | COVERED |
|---|---|---|
| Paris to New York | US airline | Yes, EU departure |
| New York to Paris | US airline | No |
| New York to Paris | EU airline | Yes |
| New York to London | UK or EU airline | Yes, UK 261 |
What is left on an uncovered inbound
- The airline's own contract of carriage and any published delay policy.
- US Department of Transportation rules on denied boarding, which apply to flights departing the United States.
- The Montreal Convention for proven damage caused by delay, which is a different and evidence heavy claim.
- Travel insurance.
SOURCES
- Regulation (EC) No 261/2004, Art. 3(1) · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 2(b) · EUR-Lex · checked 7 August 2026
- The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 (SI 2019/278), reg. 8 · legislation.gov.uk · checked 7 August 2026
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