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How to claim EU261 compensation when you live in the US

Updated
General information, not legal advice. The outcome depends on the facts of your case.

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Your flight to or from Europe was covered by EU Regulation 261/2004 (EU261), and you are back home in the US. You can still claim. Where you live does not change your rights, but it changes the practical route, because the place to enforce them is in Europe, not at home. Not sure your flight is covered? See flying between the US and Europe.

Step 1: claim from the airline, in writing

Use the airline's EU261 or compensation form, or email it. Give the flight number, date, booking number, the time you actually arrived, and claim €600 per passenger (for any flight between the US and mainland Europe). Keep a copy. English is fine with every airline that flies to the US.

Airlines often refuse the first time, or do not answer. See airline rejected claim and airline not responding.

Step 2: not a US court

US courts generally will not award EU261 compensation. In Volodarskiy v. Delta (7th Cir. 2015), passengers from Illinois sued over a London to Chicago flight more than 8 hours late. The court held that EU261 was not part of Delta's contract of carriage, and that a claim under the regulation belongs in the courts of EU countries. Small claims court at home is therefore not the answer.

Step 3: a complaint body in Europe

The complaint goes to the body in the country you departed from, or for a flight from the US into Europe, the country you arrived in. EU261 lets every passenger complain (Article 16(2)) and sets no residence rule. In practice, the bodies differ for someone living in the US:

There is one gap: European Consumer Centres only help people who live in the EU, Iceland or Norway. As a US resident you deal with the body directly. See the Nordic complaint boards.

Step 4: a court in Europe

If the body cannot help, a court can. You can usually sue at the airport of departure or arrival, or where the airline is based (Rehder C-204/08). Against a US airline, the country's own court rules decide.

The European Small Claims Procedure (up to €5,000, in writing) works only for cross-border cases: one party must be based in an EU country other than the court's. A US resident against Lufthansa in a Finnish court qualifies, because Lufthansa is based in Germany. A US resident against Finnair in a Finnish court does not. Then the national procedure applies.

Time limits

There is no single EU deadline. The court's national law decides (Moré v KLM C-139/11): for example 3 years in Germany from the end of the year of the flight. Do not wait. From 23 October 2027 an amended regulation also sets a 9-month deadline for the first claim to the airline. See EU261 reform 2027.

How we can help

Appeal My Flight makes the reply to the airline and the complaint for the right body from standard texts and your answers, for €29 per booking, charged in euros. Every case is checked before you pay, and you are told if the body for your flight is hard to use from the US. You send everything yourself and keep the whole payout. We are not a law firm and cannot promise an outcome.

FAQ

Can I file in English?

With the airline, yes. KRIL accepts English for EU261 cases, and ARN accepts it unless the airline objects. Other bodies may ask for their own language.

Do I need a lawyer?

No. Airline claims and complaint bodies are free and in writing. Claim companies usually keep 30 to 35% of the payout; you can do it yourself.

Will a US airline pay if a European body decides against it?

A Spanish AESA decision binds the airline. Other bodies give recommendations that airlines usually, but not always, follow. A court judgment in Europe can be enforced there.

Got the airline's reply? Paste it into the rejection checker and see what court rulings say about their excuse.

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