Denied boarding is not only about overbooking: documents, no-shows and other cases
"Denied boarding" under EU261 covers any refusal to carry a passenger who turned up in time with a valid booking, not just overbooking. When it is not justified, you are owed fixed compensation, and the airline cannot use "extraordinary circumstances" as an excuse. It does not count if there were reasonable grounds for refusing you, such as health, safety, security or inadequate travel documents.
Last updated: 5 October 2026.
What counts as denied boarding
Article 2(j) of Regulation (EC) No 261/2004 defines denied boarding as "a refusal to carry passengers on a flight, although they have presented themselves for boarding" under the conditions in Article 3(2), except where there are reasonable grounds to deny boarding, such as health, safety or security, or inadequate travel documentation.
The European Commission's guidelines, summarising the Court's case law, explain that the concept covers not only overbooking but also boarding denied on other grounds, such as operational reasons (Case C-22/11, Finnair). Some cases:
- Pre-emptive denied boarding. If the airline tells you in advance that it will deny you boarding against your will on a flight you had a confirmed reservation for, this counts, and compensation is due even if you did not go to the airport (Case C-238/22, LATAM Airlines).
- Mistakes about travel documents. If you are refused boarding because of a mistake by ground staff when checking your documents, including visas, it counts as denied boarding. The Court ruled that the airline cannot decide unilaterally and definitively that a refusal was justified, and that its standard terms cannot limit or waive its obligations to compensate you in such cases (Case C-584/18, Blue Air).
- Moved to another flight. If your flight is delayed and you are put on another flight, that is not denied boarding. But if you are refused carriage on the return flight because the airline cancelled your outbound flight and rerouted you, that is denied boarding and gives rise to additional compensation.
- Missed connection due to a late first flight. If you are refused boarding on the second flight of a single booking because the airline mistakenly expected you not to arrive in time, it counts (Case C-321/11, Rodríguez Cachafeiro). See connecting flights.
What does not count
- Reasonable grounds: health, safety or security, or genuinely inadequate travel documents. The Commission advises airlines to check documents against IATA's Timatic database and to consult the authorities of the countries concerned, to avoid wrongly refusing passengers.
- Pets. If you are not allowed to board because you do not have the right pet documents or the transport of the animal does not meet the airline's conditions, this is not denied boarding.
- Late arrival at check-in. The Regulation applies only if you presented yourself in time: at the time the airline indicated, or at least 45 minutes before the published departure time (Article 3(2)).
No-shows on earlier flights. Some airlines refuse to carry a passenger on the return flight, or on a later flight of a booking, because the passenger did not take the first flight. The Commission says this may breach consumer law on unfair terms, and might be forbidden by national law, but notes that the Court has not yet ruled whether it counts as denied boarding under EU261.
What you are owed
- Compensation (Article 7) of 250, 400 or 600 euros, depending on distance. The Court has held that compensation is always due in the event of denied boarding, and the airline cannot be exempted by invoking extraordinary circumstances (Case C-22/11, Finnair).
- Immediate payment. Article 4(3) says compensation must be paid immediately. The Commission reads this as meaning that, if not paid on the spot, at least a commitment to pay should be made before you leave the airport.
- Refund or rerouting (Article 8), and care (Article 9): meals, hotel if needed, transport, two communications.
Voluntary versus involuntary
Before denying boarding, the airline must first call for volunteers to give up their seats in exchange for benefits (Article 4(1)). If you volunteer, you agree your own terms, and compensation under Article 7 does not apply automatically. If not enough people volunteer, the airline may deny boarding to others against their will, and those passengers are owed compensation and care (Article 4(3)). Read any offer carefully before accepting it. See our guide on overbooking.
Frequently asked
I was refused boarding because the airline said my passport or visa was invalid, but it was fine. Am I owed compensation?
Possibly yes. If the refusal was due to a mistake by ground staff in checking your documents, it counts as denied boarding under EU261. The airline cannot unilaterally and definitively decide that its refusal was justified.
I arrived at the gate after boarding closed. Is that denied boarding?
It depends on whether you had presented yourself at check-in on time, as the Regulation requires. Presenting yourself in time is a condition for the Regulation to apply to denied boarding.
The airline blamed "operational reasons". Can it avoid paying?
No. Operational reasons still count as denied boarding, and extraordinary circumstances cannot be used to avoid compensation for denied boarding.
Sources
This guide is general information based on the sources above, not legal advice.
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