Departure delay vs arrival delay — why it matters
The European Court of Justice settled this in Sturgeon v Condor (C-402/07, 2009): compensation is triggered by arrival delay, not departure delay. 'Arrival' means the moment at least one aircraft door opens at your final destination and passengers are free to leave. If your plane sits on the tarmac for 2 hours after landing, that time counts toward the 3-hour threshold.
Example: Your flight departs 1 hour late but makes up time en route and lands only 2h 45m after the scheduled arrival. No compensation is owed — you arrived under 3 hours late.
How the 3 tiers work
EC261 (and UK261) sets compensation in three tiers based on flight distance, not delay length. Once you've crossed the 3-hour arrival threshold, the amount you're owed depends on how far your flight was:
- Flights up to 1,500 km — €250 (EC261) or £220 (UK261)
- Flights between 1,500 km and 3,500 km — €400 (EC261) or £350 (UK261)
- Flights over 3,500 km — €600 (EC261) or £520 (UK261)
Distance is measured in a straight line between origin and destination — not the actual flight path flown. The regulation uses 'great circle distance'. LHR to JFK, for example, is 5,540 km, placing it firmly in the €600/£520 tier.
What about connecting flights?
If you have a connecting itinerary booked as a single reservation and you miss your connection due to a delay on the first leg, your compensation is based on your final destination — not the missed connection airport. A 4-hour delay arriving into your final destination on a long-haul connection triggers the long-haul tier, even if the first delay was technically short-haul.
The 5-hour rule — refund instead of compensation
If your delay reaches 5 hours and you decide not to travel, you are entitled to a full refund of your unused ticket — including return flights if the outbound was disrupted. This is separate from and additional to the compensation calculation. If you wait it out and depart, compensation still applies if you arrive 3+ hours late.
Key case: Sturgeon v Condor (2009) established that passengers with delays of 3+ hours to their final destination are in a situation 'comparable' to cancellation for compensation purposes.
What airlines argue (and why it often fails)
Airlines frequently argue that a delay was caused by extraordinary circumstances — severe weather, ATC strikes, security alerts — which would exempt them from paying. The burden of proof lies with the airline, not with you. Technical faults, staff shortages, and late-arriving aircraft from a previous flight are not extraordinary circumstances and do not exempt the airline.
Pro tip
Always photograph the arrivals board at your destination showing actual arrival time. Your boarding pass and flight tracking data (e.g. from FlightAware or Flightradar24) are the strongest evidence of your arrival delay.