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When is it too late to file a Claim?

Your rights to compensation do eventually expire, so it’s important to know which Statute of Limitations applies to your claim. This varies from country to country. We have put together a handy chart for you.

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The first step when claiming compensation is making sure that your your claim is not time-barred, i.e. that it is not too late to claim.

Your rights to compensation eventually do expire. This expiration date varies according the applicable law (EU Regulation, US Federal laws, the Montreal Convention etc.) and from one country to another, so it’s important to verify beforehand.

What is the statute of limitation?

Statutes of limitations are laws passed by legislative bodies to set the maximum time after an event within which legal proceedings may be initiated. When the period of time specified in a statute of limitations passes, a claim might no longer be filed, or, if filed, may be struck out.

When does this period start?

That time period is measured from the date of arrival at the final destination, the date on which the service ought to have been performed, or the date on which you actually arrived (if different).

How to know which country's statute of limitation applies to my case?

The statute of limitation is specific to the country that has jurisdiction to settle your dispute. The court of a country has jurisdiction because it has what is called "territorial" jurisdiction. Below are the general principles that apply to territorial jurisdiction. To determine which court has territorial jurisdiction to deal with your case, visit our page on competent courts. Beware, several countries can have jurisdiction over your case.

The 'defendant' rule: You can always file a claim in the country where the defendant, i.e. the operating carrier, is incorporated. For instance, if your claim is against Air France, you can file your claim in France. Therefore, France's statute of limitation will apply.

The 'place of performance' rule: In travel disruption claims, you will generally also be able to file a claim in the country where the issue arose. Both the place of departure and of final arrival are deemed places of performance by the governing case laws. For instance, if your claim deals with a delayed flight from Madrid to Rome operated by Easyjet, you will be able to file a claim in Spain and in Italy (in addition to the UK pursuant to the defendant's rule above mentioned). Note that under the Montreal Convention, only the place of arrival is considered a "place of performance".

Weclaim's tip: Don't wait too long before taking action: the sooner the better!

CountryClaim based on the EU 261, EU 1371 and EU 1177 RegulationsWhen a claim is filed under one of these regulation, the Statute of Limitations varies from one country to the next.Claim based on the Montreal Convention*Under the Montreal Convention, you have 2 years to file a claim for compensation resulting from a flight disruption or a luggage issue.
Austria3 years2 years
Belgium1 year2 years
Bulgaria5 years2 years
Croatia3 years2 years
Cyprus6 years2 years
Czech Republic**3 years2 years
Denmark3 years2 years
Estonia3 years2 years
Finland3 years2 years
France5 years2 years
Germany***3 years2 years
Greece5 years2 years
Hungary5 years2 years
Iceland2 years2 years
Ireland6 years2 years
Italy26 months2 years
Latvia10 years2 years
Lithuania3 years2 years
Luxembourg10 years2 years
MaltaNo limit2 years
Netherlands2 years2 years
Norway3 years2 years
Poland1 year2 years
Portugal3 years2 years
Romania3 years2 years
Slovakia2 years2 years
Slovenia3 years2 years
Spain5 years2 years
Sweden****3 years2 years
Switzerland2 years2 years
United Kingdom6 years2 years
Slovakia2 years2 years

Here is what you should also know.

How much can I claim?

It's important to know how much you can claim. This depends upon the applicable law to your case. More here

Which court can hear my travel case?

It’s important to know which court has jurisdiction over your case. This depends upon the applicable law to your case. More here

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