Who is covered by EU261? US travellers, non-EU airlines, islands and other cases

EU261 protects you based on where your flight departs from and, for flights from outside the EU, on which airline operates it, not on your nationality or where you live. A US, Canadian or Australian passenger leaving an EU airport is covered in the same way as an EU citizen. This guide sets out who and what is covered, and the exceptions.

Last updated: 5 October 2026.

The geographical rule

Article 3(1) of Regulation (EC) No 261/2004 applies the Regulation to:

passengers departing from an airport in the territory of an EU Member State, on any airline; and
passengers departing from an airport in a non-EU country to an airport in an EU Member State, if the operating airline is licensed in an EU country (an "EU carrier"), unless they received benefits or compensation and assistance in that non-EU country.

So a flight from Frankfurt to New York is covered on any airline, while a flight from New York to Frankfurt is covered only if it is operated by an EU airline. Your nationality is irrelevant. The Commission's guidelines make the same point: what counts is the route and the operating airline.

Territories covered

According to the Commission's guidelines:

EU law applies to Guadeloupe, French Guiana, Martinique, Mayotte, Réunion, Saint-Martin, the Azores, Madeira and the Canary Islands. Their airports count as airports in the territory of a Member State.
The Regulation also applies to Iceland and Norway through the European Economic Area Agreement, and to Switzerland through the EU-Swiss Air Transport Agreement (1999).
Territories listed in Annex II of the Treaty on the Functioning of the EU, and the Faroe Islands, are treated as non-EU countries.

Journeys with several flights

If a journey with several flights was booked as a single unit, the flights are considered together. To decide whether EU261 applies, the Court looks at the place of initial departure and the final destination, whatever the stopovers (Case C-537/17, Wegener). A journey that starts and ends outside the EU, with a stopover in the EU, is not covered (Case C-451/20, Airhelp). A return trip is not one flight: a return from outside the EU on a non-EU airline is not covered by Article 3(1)(a), even if both legs were booked together (Case C-173/07, Emirates Airlines). See our guide on connecting flights.

If you already got compensation outside the EU

For flights from a non-EU country to the EU on an EU airline, EU261 does not apply if you received both benefits or compensation and assistance in that country. The word "and" matters: if you received only one of the two, you can still claim the other. The Court also held that you cannot be deprived of EU261 protection just because you received some compensation locally. The airline should show that what you received is equivalent in purpose and conditions to what EU261 provides (Case C-257/14, van der Lans; Case C-367/20, KLM).

Who is not covered

Passengers travelling free of charge or at a reduced fare not available to the public. Tickets with a discount open to anyone who meets conditions are still covered. Staff fares are not. Tickets from a frequent-flyer scheme are covered (Article 3(3)).
Infants who travel free because of their age, without their own seat or boarding pass and without their name on the reservation, are excluded (Case C-686/20, Vueling).
Helicopter flights. Only fixed-wing aircraft are covered (Article 3(4)).
Multimodal journeys (for example, rail plus air sold as one journey) are not covered as such.
Airlines without a valid operating licence. An airline must hold a valid operating licence for EU261 to apply (Case C-292/18, Breyer).

Conditions you must meet

A confirmed reservation. You must hold a confirmed booking on the flight.
Presenting yourself for check-in at the time the airline stated, or at least 45 minutes before the published departure time. This is not required for cancellations. The Court held that you must present yourself at the airport in good time even if you checked in online (Case C-474/22, Laudamotion).
Proof of presence. If you held a confirmed reservation and took the flight, you do not have to produce a boarding card to show you checked in. It is for the airline to prove you were not on the flight (Case C-756/18, easyJet).

Frequently asked

Does EU261 apply to British passengers?

It depends on the flight, not on nationality. A flight departing from an EU airport is covered on any airline. The UK has its own version of the rules for flights departing from UK airports.

I flew from the US to Europe on a US airline. Am I covered?

No. A flight from a non-EU country to the EU is covered only if the operating airline is licensed in an EU country. The same US passenger flying from Europe to the US is covered on any airline.

Do the Canary Islands, Madeira and the Azores count?

Yes. They are part of the EU, and the Commission's guidelines list them among the territories where the Regulation applies.

Is Switzerland covered?

Yes, through the EU-Swiss air transport agreement. Iceland and Norway are covered through the European Economic Area.

Sources

Regulation (EC) No 261/2004, Article 3.
European Commission, Interpretative Guidelines on Regulation (EC) No 261/2004 (OJ C/2024/5687), section 2.

This guide is general information based on the sources above, not legal advice.

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