Art. 5 EU 261 — when cancellation triggers compensation

Article 5 of EU 261/2004 covers cancellation rights. The core: you are entitled to compensation (Art. 7) unless one of three exceptions applies.

The 14-day rule (Art. 5(1)(c)): no compensation if cancellation was notified at least 14 days before departure.

Between 7-14 days before departure: no compensation if the offered re-routing departs no more than 2 hours earlier and arrives no more than 4 hours later.

Less than 7 days before departure: no compensation if the re-routing departs no more than 1 hour earlier and arrives no more than 2 hours later.

In all other cases: full compensation under Art. 7 — €250 / €400 / €600 per passenger.

Plus always, regardless of notice: choice of reimbursement / re-routing (Art. 8) + care (Art. 9) during the wait.

The escape clause — Art. 5(3): the carrier can refuse compensation for "extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken". But per the Wallentin-Hermann ruling (C-549/07): technical faults, staffing issues, and operational decisions do not qualify. The burden of proof rests on the carrier.

Care duty — McDonagh (C-12/11): care under Art. 9 (meals, hotel) remains payable even in extraordinary circumstances — unlimited in duration and amount, as long as the delay continues.