EU 261/2004 — the regulation that makes airlines pay

EU 261/2004 — formally Regulation (EC) No 261/2004 — gives air passengers statutory rights to compensation and assistance when their flight is cancelled, delayed, or overbooked. It has been in force since 17 February 2005 and applies directly in all EU member states — no separate Dutch law needed.

When does it apply? Any flight that departs from an EU airport (regardless of airline), and any flight that arrives in the EU on an EU-based airline. Example: KLM Amsterdam → New York is covered; United New York → Amsterdam is not.

The three main rights: (1) Compensation under Art. 7: €250 for flights up to 1500 km, €400 for 1500-3500 km or intra-EU above 1500 km, €600 for flights over 3500 km outside the EU. (2) Reimbursement or re-routing (Art. 8). (3) Care during the wait (Art. 9) — meals, phone calls, and a hotel for overnight delays.

The three main triggers: cancellation (notified less than 14 days before departure without a suitable alternative), arrival delay of 3 hours or more at the final destination (per the Sturgeon ruling C-402/07), and denied boarding (overbooking, Art. 4).

The biggest catch: "extraordinary circumstances" (Art. 5(3)). Airlines invoke this to dodge compensation. But the Wallentin-Hermann ruling (ECJ C-549/07) holds that technical faults, staffing issues, and operational decisions do NOT qualify. Severe storms, terrorist threats and sudden medical emergencies do.