A first "no" from an airline is not the end. Airlines often refuse claims that are valid, and EU law gives you several ways forward: demand the reasons in writing, complain to a national enforcement body, use a free or low-cost out-of-court dispute body, or go to court. This guide explains each step in order, and what each one can and cannot do.
Last updated: 5 October 2026.
Before anything else, find out why the airline refused. Under EU261 the airline carries the burden of proof when it says the delay or cancellation was caused by "extraordinary circumstances" (Article 5(3) of the Regulation). To be excused, it has to prove two things at the same time: that an extraordinary event really happened and caused your delay or cancellation, and that the delay or cancellation could not have been avoided even if it had taken all reasonable measures.
The European Commission's guidelines add that an airline relying on this defence should back it up with proof, such as extracts from logbooks or incident reports, and that this proof should be provided to passengers and to the national enforcement body free of charge. "Technical problem" on its own is not an explanation. Our guides on technical faults and on what the EU Court has decided on extraordinary circumstances show which reasons usually hold up and which do not.
Two other rights are useful here. In case of a delay, denied boarding or cancellation, the airline must tell you the precise name and address of the company from which you can claim compensation and, where relevant, which documents to attach to the claim. And under Article 15 of the Regulation, the airline cannot limit or waive its obligations through a clause in the contract. If you accepted a smaller amount because you were not correctly informed of your rights, you can still claim the difference.
Every EU country has designated a national enforcement body (NEB) for EU261. Under Article 16(2) of the Regulation, you may complain to any NEB designated by a Member State about an alleged infringement at any airport in that country, or about a flight from a non-EU country to an airport there.
The Commission recommends complaining to:
It also recommends that you complain to the airline first and turn to the NEB only if you disagree with the answer or get none, and that airlines should reply within two months. The Commission keeps a list of all the national enforcement bodies on its website.
What an NEB can and cannot do. The EU Court has ruled that, under the Regulation, an NEB is not required to take action to force an airline to pay in an individual case (joined Cases C-145/15 and C-146/15, Ruijssenaars). Its role is mainly to monitor and sanction airlines. EU countries are free to give their NEBs more powers over individual complaints (Case C-597/20, LOT), and some do. So a complaint can put pressure on an airline, but it is not a guaranteed way to get paid.
Quality-certified ADR bodies under the EU consumer ADR Directive (2013/11/EU) are meant to resolve a dispute within 90 days, at no cost or only a nominal cost to the consumer. You can use them if you live in the EU and the airline is established in the EU. In some countries airlines must take part in ADR, and in others participation is voluntary. Access to ADR is in addition to a complaint to an NEB.
For cross-border problems you can also turn to the European Consumer Centres Network (ECC-Net). It gives free advice, helps to settle complaints amicably with the airline, and points you to the right body if it cannot help.
The Regulation has no rules of its own on which court has jurisdiction, so EU rules on jurisdiction (Regulation 1215/2012) apply. For a flight with a single operating airline, the Commission's guidelines say you can bring the claim, at your choice, before the court for the place of departure or the place of arrival, and you also keep the option of the airline's home court. For connecting flights booked as one journey, you can sue at the place of departure or the place of arrival.
A few points from the Commission's guidelines that help in practice:
No. It has to prove the circumstances were extraordinary, that they caused your delay or cancellation, and that it took every reasonable measure to avoid it. The EU Court reads this exemption strictly.
No. Under Article 7(3) the compensation is paid in cash or by bank transfer. A voucher is only allowed with your signed agreement, which the EU Court reads as free and informed consent.
No. A complaint reports the airline to the authority that supervises it. Whether the authority also helps you get your money depends on that country's law.
Yes, if you were not correctly informed of your rights. Under Article 15(2) you can still take proceedings to obtain the rest of the compensation.
This guide is general information based on the sources above, not legal advice. If a large amount is at stake or a deadline is near, speak to a lawyer or a consumer organisation.
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