Folkerts ruling · CJEU C-11/11
Missed your connection? Up to €600 under EU261
If you miss a connecting flight and reach your final destination 3 or more hours late, Regulation (EC) 261/2004 entitles you to €250, €400 or €600, as long as all the flights were on one booking. The Court of Justice of the EU confirmed this in the Folkerts ruling (C-11/11). The amount depends on the distance from your first departure airport to your final destination.
- Single booking
- Delay counted at final destination
- Up to €600 per passenger
- Nothing upfront
Three common scenarios
Which of these applies to you?
Not every missed connection qualifies for EU261 compensation. These are the three most common cases.
Single booking (same booking reference)
All flights are on one booking. What counts is the delay on arrival at your final destination: 3 hours or more gives you EU261 compensation, unless there were extraordinary circumstances.
You are entitled to compensation
Separate tickets (different bookings)
You bought each flight on a separate booking. EU261 does not compensate the missed connection. You can only claim for the first flight if it reached its own destination 3 or more hours late.
No compensation for the connection
Delayed, but arrived on time
Your first flight was delayed, but the airline rebooked you and you reached your final destination less than 3 hours late. There is no EU261 compensation, although you may be entitled to care while you wait.
No EU261 compensation
EU261 table · Article 7
How much you are owed
Distance is measured in a straight line from the departure airport of your first flight to your final destination. On journeys over 3,500 km, if you are rerouted and arrive between 3 and 4 hours late, compensation can be reduced to €300.
| Amount | Distance (origin → final destination) | Example connecting route |
|---|---|---|
| €250 | Up to 1,500 km | Madrid–Paris–Lyon (single booking) |
| €400 | 1,500–3,500 km, or within the EU over 1,500 km | Barcelona–London–Edinburgh |
| €600 | Over 3,500 km (outside the EU) | Madrid–Amsterdam–New York |
Process
How to claim, step by step
- 1
Check that everything is on one booking
Look at the booking reference (PNR). If all flights share it, the journey counts as one. If they are separate bookings, the missed connection does not qualify for EU261 compensation.
- 2
Note the actual arrival time at your final destination
What counts is the delay on arrival at your final destination, not the delay of the first flight. Arrival is when at least one aircraft door opens (CJEU, Germanwings, C-452/13). At 3 hours or more, compensation is due.
- 3
Find out what caused the delay
Technical faults, operational problems, crew shortages or strikes by the airline's own staff: you can claim. Air traffic control strikes, severe weather or security risks: the airline may be exempt.
- 4
Gather your documents
Your booking showing all flights, boarding passes, the airline's messages about the delay and missed connection, and proof of your actual arrival time (boarding pass for the replacement flight, a screenshot of the flight status).
- 5
Claim based on distance
€250 up to 1,500 km; €400 for 1,500–3,500 km, or within the EU over 1,500 km; €600 for over 3,500 km outside the EU. Distance is a straight line from your first departure airport to your final destination.
Key case law
Rulings that support your claim
These judgments of the Court of Justice of the EU set out when a missed connection gives you the right to compensation.
Sturgeon ruling (CJEU C-402/07 and C-432/07, 2009)
Gives passengers whose flight arrives 3 or more hours late the same right to compensation as for a cancellation. It is the basis of every delay claim.
Folkerts ruling (CJEU C-11/11, 2013)
For connecting flights on a single booking, the delay is measured at the final destination. Compensation is due if you arrive 3 or more hours late, even if the first flight left less than 3 hours late.
Wegener ruling (CJEU C-537/17, 2018)
A single-booking journey departing from the EU with a stopover outside the EU is one flight for EU261 purposes. A delay at the final destination gives the right to compensation.
České aerolinie ruling (CJEU C-502/18, 2019)
If an EU airline operates the first flight on a single booking, it is also liable for a delay caused by the second flight, even when a non-EU airline operates it.
Wallentin-Hermann ruling (CJEU C-549/07, 2008)
A technical problem is not an extraordinary circumstance unless it stems from events outside the airline's normal activity, such as a hidden manufacturing defect or sabotage. A connection missed because of a fault on the first aircraft is still claimable.
FAQ
Common questions about missed connections
Am I entitled to compensation if I miss a connecting flight?
Yes, if all flights were on one booking and you reached your final destination 3 or more hours late: Regulation (EC) 261/2004 gives €250, €400 or €600 depending on distance (CJEU, Folkerts, C-11/11, 2013). It does not matter if the first flight left less than 3 hours late. The journey must depart from the EU, Iceland, Norway or Switzerland, or arrive in the EU on a European airline, and the delay must not be due to extraordinary circumstances.
Is the distance based on the first leg or the whole journey?
Distance is measured as a straight line (great-circle) between the departure airport of the first flight and the final destination, without adding up the legs (CJEU, Bossen, C-559/16, 2017). On journeys over 3,500 km, if you are rerouted and arrive between 3 and 4 hours late, the airline can reduce compensation by 50% (Article 7(2)).
What if I bought separate tickets?
With separate tickets (different bookings), EU261 does not compensate the missed connection: each flight is assessed on its own. You can only claim for the first flight if it reached its own destination 3 or more hours late. The airline operating the second flight does not have to rebook you.
Does a connection with a stopover outside the EU count?
Yes. A single-booking journey departing from the EU is one flight even if the stopover is outside the EU, and EU261 applies to the delay at the final destination (CJEU, Wegener, C-537/17, 2018). If an EU airline operates the first flight, it is also liable for a delay on the second flight operated by a non-EU airline (CJEU, České aerolinie, C-502/18, 2019).
Do I lose compensation if the airline rebooks me on another flight?
No. Rebooking does not replace compensation: if you reach your final destination 3 or more hours late, you are still entitled to €250, €400 or €600. Only on journeys over 3,500 km with an arrival between 3 and 4 hours late can it be halved.
Which delays are the airline's responsibility?
Technical faults, operational problems, crew shortages and strikes by the airline's own staff do not exempt it from paying (CJEU, Wallentin-Hermann, C-549/07, 2008; SAS, C-28/20, 2021). Extraordinary circumstances can exempt it: air traffic control strikes, severe weather or security risks.
How long do I have to claim?
In Spain, a 5-year limit from the date of the flight is generally accepted for EU261 compensation claims (Article 1964 of the Spanish Civil Code). Limits differ in other countries, so it is best to claim as soon as possible.
Am I entitled to meals and a hotel while I wait?
Yes. While you wait for the replacement flight, the airline must give you adequate food and drink, two communications (calls or emails) and, if you need to stay overnight, a hotel and transfers (Article 9 of EU261). This care is owed even when there are extraordinary circumstances.
How much does AviFly charge to handle my claim?
AviFly charges nothing upfront: 15% + VAT of the compensation if it is recovered out of court, and 30% + VAT if the case goes to court. If nothing is recovered, you pay nothing.
Get started
Claiming takes 2 minutes
Upload your ticket or enter your flight details and we review your case. €0 upfront: 15% + VAT only if we recover your compensation.
