The two regimes side by side
UK261 is the UK's retained version of EC261/2004. As of 2025, the compensation amounts, qualifying criteria, and core provisions are substantively identical. The meaningful differences lie in enforcement, coverage, and future trajectory.
- Compensation tiers: UK261 uses £220/£350/£520 vs EC261's €250/€400/€600 — the amounts differ by exchange rate fluctuation only
- Coverage: UK261 covers departures from UK airports + arrivals on UK-licensed carriers; EC261 covers EU/EEA departures + arrivals on EU/EEA carriers
- Enforcement: UK261 → CAA + CEDR/Aviation ADR; EC261 → national bodies (DGAC, LBA, AESA, ILT, CAR)
- Court route: UK → MCOL (county court, online); EU → varies by country (SÖP, MTV, AESA, local courts)
- Future: UK can diverge from EU case law; ECJ rulings no longer bind UK courts
Which regulation covers your flight?
The most practically important question is which regulation applies to your disrupted flight. The rules work as follows:
- 1Flight departs UK airport → UK261 applies (regardless of airline or destination)
- 2Flight departs EU/EEA airport → EC261 applies (regardless of airline or destination)
- 3Flight departs non-EU/UK airport + operated by UK-licensed carrier → UK261 may apply
- 4Flight departs non-EU/UK airport + operated by EU-licensed carrier → EC261 may apply
- 5Flight departs non-EU/UK airport + operated by non-EU/UK carrier → neither applies
The classic Brexit trap: a flight from Paris (EU) to London on Air France is covered by EC261 — not UK261 — because EC261 applies at the departure airport. The same route on British Airways would also be covered by EC261 at the EU departure end, but UK261 would cover it for the return (London to Paris, UK departure).
Where the regimes are starting to diverge
UK courts are no longer bound by European Court of Justice decisions issued after 31 December 2020. Pre-Brexit ECJ rulings (Sturgeon, Wallentin-Hermann, Krüsemann) remain persuasive and are expected to be followed, but future ECJ developments won't automatically apply in UK courts. The UK government has also signalled potential reforms to the compensation amounts. Watch this space.
Enforcement differences in practice
In the UK, the fastest escalation route after airline rejection is MCOL (Money Claim Online) — the county court small claims system. Filing costs £35–£70 and airlines almost always pay before a hearing. In the EU, routes vary: Germany's SÖP is free and covers all airlines; Spain's AESA issues binding decisions; Ireland's SARP process through CAR is effective against Ryanair. There is no EU-wide equivalent of MCOL.
Both regimes remain materially identical in what they protect and what they pay. The differences are procedural, not substantive — which means the amount you can claim for a given disruption is the same whether you're claiming under EC261 or UK261.