Is my flight claim too old?
Before you decide a claim is “too old,” check the right clock for the right regime.
Start with the deadlines page, then confirm where your claim would be handled.
“Can I claim now?”
Usually answer this in three layers:
- Which regulation applies (EU261, UK261, APPR)?
- Which forum/jurisdiction would hear escalation?
- Which limitation or filing rule applies there?
A claim can be late in one forum but still in time in another available forum path.
APPR: the clearest hard filing rule
For APPR compensation under section 19, the written claim must be made before the first anniversary of the delay or cancellation (APPR section 19(3) (opens in a new tab)).
That is a strict filing clock. If you are close, submit now with core documents and refine later.
UK: separate clocks by jurisdiction
For UK court claims, limitation law differs:
- England/Wales/Northern Ireland: 6 years for contract actions (Limitation Act 1980 section 5 (opens in a new tab)).
- Scotland: 5 years under Scottish prescription framework (Prescription and Limitation (Scotland) Act 1973 section 6 (opens in a new tab)).
This is why UK guides often say “6 years, but 5 in Scotland.”
“Scotland 5 years” in practical terms
If your case has a strong Scotland connection, do not assume a six-year window. Use the five-year clock as your safe planning basis unless professional jurisdiction analysis says otherwise.
Use rules/uk261 plus deadlines before deciding it is expired.
EU261: no single EU-wide limitation period in the regulation text
EU261 sets no time limit of its own, so the court limit comes from the national law of the country where you sue (CJEU Cuadrench Moré (opens in a new tab)). Examples: 1 year in Belgium and Poland, 2 years in the Netherlands, 3 years in Germany (counted to the end of the year), and 5 years in France and Spain. The deadlines page lists each country with its source.
Sweden: notice-timing caution around NJA 2018 s.127
In Sweden, the Supreme Court held that you must notify the airline within a reasonable time, and that notice within 2 months is always in time (NJA 2018 s. 127 (opens in a new tab)). The court limit after that is not settled: 3 or 10 years.
Practical takeaway: if your case touches Sweden, avoid delay in written notice and filing steps. Do not wait until the end of a broader limitation window assumption.
Italy: sources disagree, so treat as urgent
The Italian limit is not settled. The Corte di Cassazione held in 2024 that the Montreal Convention's 2-year limit does not automatically apply to Regulation 261 compensation (Cassazione ord. 4427/2024 (opens in a new tab)), and published guidance cites 6 months, 1 year or 2 years. If your claim depends on Italy, act within 6 months of the flight.
When sources conflict, filing early is safer than debating abstract deadline theory.
“My airline says it is out of time” — what to do
Ask them to specify:
- legal basis for the time bar,
- which jurisdiction’s limitation rule they relied on,
- date they say the period started.
A refusal that says “out of time” without these details is worth challenging.
Deadline strategy if you are close
If close to any possible deadline:
- submit claim immediately,
- keep proof of submission timestamp,
- preserve all documents,
- escalate quickly if no response.
For APPR, preserve proof against section 19(3)/(4) timing requirements (APPR sections 19(3)-(4) (opens in a new tab)).
Don’t confuse “airline response delay” with “your filing deadline”
Waiting for a reply does not stop your own filing clock.
Your filing clock is yours to control. Airline queue speed does not pause legal deadlines unless a specific rule says so.
Add a deadline tracker now
Create reminders at:
- 30 days after claim (status follow-up),
- 60 days (escalation prep),
- final filing-safe date (conservative basis).
Use deadlines and checker together so your date logic stays current with your route facts.
“Is my claim too old?” — a practical answer
If you are asking that question, submit now unless clearly outside a hard filing rule you can cite. A claim you send can still be answered; a claim you never send cannot.
Then move immediately to the correct regime page:
Build a conservative deadline model
When sources conflict, use a conservative model:
- shortest plausible filing period,
- earliest plausible start date,
- no assumed pauses unless explicitly sourced.
This avoids losing viable claims by optimistic assumptions.
Trigger date: what starts the clock?
Different frameworks and forums can treat trigger dates differently (scheduled disruption date, date of breach, or other procedural markers). If unclear, assume the disruption date as your working start point and file early.
Early filing is usually the only reliable protection against clock disputes.
If you already missed one route
Missing one path does not always end all options. You may still have:
- another jurisdiction with an available filing window,
- a regulator complaint process still open,
- a negotiated settlement possibility.
But each option gets harder as time passes, so submit and document immediately.
Country uncertainty checklist
For countries where passenger guidance conflicts:
- File your claim now.
- Ask airline to state legal deadline basis.
- Preserve their written deadline argument.
- Escalate with your own legal-source references.
This sequence gives you documentary support if the deadline point is later disputed.
Self-help information and templates only; this is self-help, not legal advice.
Not sure what you are owed? The free checker applies these rules to your flight in about two minutes and shows the amount and your deadline.
Related guides
This article is self-help information, not legal advice. It explains published rules so you can claim yourself; check the sources below and your own booking before relying on it.