Complaining to AESA: how its binding decision works
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
AESA (Spain’s State Aviation Safety Agency) is the body Spain designated to enforce Regulation (EC) 261/2004. Since 2 June 2023, its decision is binding: if it finds in your favour and the airline doesn’t pay within a month, you can have it enforced in court. Complaining is free and done online. This guide covers the requirements, the deadlines — including the year you have to file — and what to do if the airline still won’t pay.
1What AESA is and what your complaint achieves since 2023
AESA is a public agency under Spain’s Ministry of Transport. Alongside aviation safety, it is the national body responsible for enforcing Regulation (EC) 261/2004: it takes passenger complaints, asks the airline for its account and rules on whether the rules were followed. Since Order TMA/469/2023, of 17 April, accredited it as an alternative dispute resolution (ADR) body, that ruling stopped being a mere report: for flights from 2 June 2023 it is a decision binding on the airline.
Handle your complaint for free and question the airline
The process is done online at seguridadaerea.gob.es and costs nothing. AESA asks the airline to explain what happened before it rules.
Force the airline to pay you (flights from 2 June 2023)
Since Order TMA/469/2023 accredited AESA as an alternative dispute resolution body, its decision is binding on the airline. If it doesn’t pay within one month, you can ask a court to enforce it.
Fine the airline
It can open sanction proceedings for breaching the Regulation. The fine goes to the State, not to you.
Handle baggage claims
Airline liability for baggage falls under the Montreal Convention and is outside its procedure.
Before 2 June 2023
For complaints about earlier flights, AESA’s report wasn’t binding: it could fine the airline but not order it to pay you. That limit no longer applies to current complaints.
2What you need before complaining to AESA
You claimed from the airline in writing first and can prove it (email sent, case number or form).
A month has passed with no reply, or the reply doesn’t satisfy you.
No more than a year has passed since that first claim to the airline.
The flight departed a Spanish airport, or arrived in Spain from outside the EU on an EU airline.
If the flight left another EU country
The complaint goes to that country’s body: the Luftfahrt-Bundesamt (LBA) in Germany, the DGAC in France, ANAC in Portugal. The European Commission publishes the full list.
3Deadlines: from your first claim to enforcement in court
From claiming with the airline to getting paid if it still won’t, the process runs on fixed deadlines:
Deadlines in the AESA process
Wait for the airline’s reply
Before you can go to AESA
File the complaint with AESA
From your first claim to the airline
AESA rules
Standard timeframe; can be extended for complex cases
The airline must pay
From when AESA notifies its decision
If it doesn’t pay
You can ask for the decision to be enforced
A guideline, not a guarantee
90 to 180 days is the standard window: AESA can extend it for complex cases, and there’s no penalty if it overruns. It’s still far quicker and cheaper than going straight to court.
4How to file the complaint, step by step
- 1
Claim from the airline first
In writing, with the flight number and date, what happened and the amount you’re claiming. Keep a copy and the case number.
- 2
Wait one month
If it doesn’t reply or rejects the claim, you can go to AESA.
- 3
Fill in AESA’s form
At seguridadaerea.gob.es, in the passenger complaints section, within one year of your first claim to the airline. You can file online, with or without a digital certificate.
- 4
Attach your documents
Boarding pass or booking, the claim you sent the airline and its reply, and receipts for anything you paid.
- 5
Track the file
AESA gives you a file number to check the status. It rules within 90 to 180 days, extendable for complex cases.
- 6
If it rules in your favour, collect
The airline has one month from notification to pay you. If it doesn’t, you can ask a court (juzgado de primera instancia) to enforce the decision, with no need for a fresh lawsuit.
5What to do if the airline won’t pay even after AESA rules for you
Since 2 June 2023, if AESA rules in your favour, the airline has one month to pay you. If it doesn’t, you have two routes:
Ways to get paid if the airline won’t comply
Enforce AESA’s decision
Before the juzgado de primera instancia; no lawyer or court agent needed up to €2,000
A claim company
Handles the negotiation and, if needed, the enforcement or lawsuit
AviFly runs the whole process, including court enforcement if needed. We only charge if you get your money: 15% + VAT out of court and 30% + VAT in court.
AviFly claims for you
Nothing upfront. We only charge if you recover your compensation.
Start my claimFrequently asked questions about AESA
Is complaining to AESA free?
Yes. Filing the complaint and having it processed costs the passenger nothing.
Does AESA’s decision force the airline to pay?
Yes, for flights from 2 June 2023. Order TMA/469/2023 accredited AESA as an alternative dispute resolution body, and since then its decision is binding on the airline. If it doesn’t pay within one month, you can ask a court to enforce it. For complaints about earlier flights, AESA’s report wasn’t binding.
What happens if the airline doesn’t pay even after AESA rules for me?
It has one month from notification to pay you. If it doesn’t, you can have the decision enforced before the juzgado de primera instancia, with no need to start a fresh lawsuit.
How long does AESA take to rule?
The standard timeframe is 90 to 180 calendar days, extendable for complex cases. You can track the file with the number you’re given.
How long do I have to complain to AESA?
One year from your first claim to the airline, provided you first waited a month for no reply or an unsatisfactory one.
Do I have to claim from the airline first?
Yes. You must have claimed from the airline and waited a month for no reply or an unsatisfactory one, and you’ll need to show it when you file.
Does AESA handle lost or damaged baggage claims?
No. Airline liability for baggage is governed by the Montreal Convention and is excluded from its procedure. Claim from the airline and, if it won’t pay, use consumer arbitration (if the airline has joined it) or go to court.
Can I complain to AESA about a flight from another country?
No: each country has its own body. AESA covers flights departing Spain and those arriving in Spain from outside the EU on an EU airline.