Ryanair not responding to your claim: what to do, step by step
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
You filed your EU261 claim with Ryanair and weeks have passed with no reply. There is currently no legal deadline forcing Ryanair to answer within a set number of days, so silence alone isn’t a breach. But it doesn’t cancel your right to compensation either. This guide explains how long it’s sensible to wait, what to do in the meantime, and how to escalate to AESA or the courts if Ryanair keeps ignoring you.
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Check my case1How long you should wait for Ryanair
As things stand, Regulation (EC) 261/2004 sets no legal deadline for an airline to answer an extrajudicial claim. The revision that would introduce a 30-day duty hasn’t entered into force yet. That doesn’t mean you should wait indefinitely: one month is the reasonable time AESA itself requires to have passed before it will admit a complaint against the airline.
Why one month
It isn’t a deadline the law imposes on Ryanair to reply — it’s the minimum time you must have waited after claiming from the airline before you can then go to AESA.
Always keep proof of when you filed the claim: the confirmation email or the case number from the EU261 form on ryanair.com. That date is what counts for everything that follows.
2What to do if Ryanair doesn’t respond, step by step
- 1
Confirm your claim reached Ryanair
Look for the confirmation email from the EU261 form on ryanair.com or the case number. Without that proof, Ryanair can claim it never received it.
- 2
Wait one month from that date
There’s no legal reply deadline, but it’s the time AESA will later require you to have waited before admitting your complaint against Ryanair.
- 3
Send a written follow-up
Resend the case number and ask for a reply, keeping written proof of the follow-up date.
- 4
If it still doesn’t respond, escalate to AESA
File the complaint free of charge at seguridadaerea.gob.es. For flights from 2 June 2023, its decision is binding on Ryanair.
- 5
If AESA rules in your favour and Ryanair doesn’t pay within a month
Ask for the decision to be enforced before the juzgado de primera instancia, with no need for a new declaratory trial.
- 6
Or go straight to court
Going through AESA isn’t compulsory. You can sue without a lawyer or court agent up to €2,000, always before the juzgado de primera instancia, never the commercial court.
3Escalating to AESA: free and binding since 2023
The Spanish Aviation Safety Agency (AESA) handles passenger complaints against airlines operating in Spain. Since Orden TMA/469/2023, of 17 April, accredited it as an alternative dispute resolution body, its decision has been binding for flights from 2 June 2023.
The process is free and done online at seguridadaerea.gob.es.
You need to have already claimed from Ryanair and be able to prove it.
AESA resolves cases within 90 to 180 calendar days.
If it rules in your favour, Ryanair must pay within a month; if it doesn’t, you can ask for the decision to be enforced in court, with no new trial needed.
4The court route: with or without going through AESA
In Spain you don’t have to exhaust the AESA route before suing: you can go straight to court. For Regulation (EC) 261/2004 claims, jurisdiction always lies with the juzgado de primera instancia for the flight’s origin or destination; the commercial court has no jurisdiction.
Court options
Verbal trial
Up to €2,000, no lawyer or court agent needed
Ordinary trial
Larger amounts, requires a lawyer and court agent
Through AviFly
We handle the claim and, if needed, the lawsuit, only if you get paid
5Mistakes that drag out the claim
Don’t complain to AESA about lost baggage: those claims fall under the Montreal Convention, not Regulation (EC) 261/2004.
Don’t mistake silence for a rejection: even if Ryanair hasn’t replied, your claim is still alive and you can escalate it anyway.
Don’t wait longer than necessary: once the reasonable month has passed, every extra week is lost time, not a legal requirement.
Don’t sue in the commercial court: Regulation (EC) 261/2004 claims are handled by the juzgado de primera instancia.
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Escalate my claimFrequently asked questions
How long does Ryanair have to respond to my claim?
None set by law: Regulation (EC) 261/2004 doesn’t establish an extrajudicial reply deadline. The sensible approach is to wait one month before escalating to AESA or the courts.
Do I have to complain to AESA before going to court?
No. In Spain you can sue directly without having gone through AESA. Claiming from the airline first is still worth doing, to have proof you tried to resolve it out of court.
Can I sue Ryanair in the commercial court?
No. Regulation (EC) 261/2004 claims are always handled by the juzgado de primera instancia for the flight’s origin or destination.
What if Ryanair says it never received my claim?
That’s why it’s worth keeping the confirmation email or case number from the EU261 form on ryanair.com from the start: without that proof it’s harder to show the filing date.
Does AESA’s decision force Ryanair to pay?
Yes, for flights from 2 June 2023. If Ryanair doesn’t pay within a month of the decision, you can ask for it to be enforced in court, with no new trial.
How long do I have to claim before it’s time-barred?
In Spain the generally accepted time limit is 5 years from the flight date (Art. 1964 of the Spanish Civil Code), both for claiming from Ryanair and for suing.