Codeshare Between US and EU Carriers: Compensation Path

Codeshare US EU compensation depends on two factors: the operating carrier and the departure airport. EU Regulation 261/2004 applies to all flights departing from an EU airport (regardless of the operating carrier's nationality) AND to flights arriving in the EU operated by an EU-based carrier. US carriers operating flights departing from London, Paris, or Amsterdam are subject to EU261. European carriers operating flights departing from New York or Los Angeles are not subject to EU261 for that leg.

Simple test: did the disrupted flight depart from inside the EU? If yes, EU261 applies regardless of whether it is American, Delta, or any other carrier. Did it depart from outside the EU and is operated by a non-EU carrier? Then EU261 does not apply to that leg.

For the broader codeshare rights framework, see the codeshare flight rights pillar.

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  American Airlines code, British Airways aircraft, departing London Heathrow (LHR): EU261 applies. The operating carrier is British Airways (EU carrier) departing from an EU airport.

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  British Airways code, American Airlines aircraft, departing Dallas (DFW): EU261 does not apply. The operating carrier is a US carrier departing from a non-EU airport.

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  Delta code, Air France aircraft, departing Paris (CDG): EU261 applies. Air France is an EU carrier departing from an EU airport.

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  Air France code, Delta aircraft, departing Atlanta (ATL): EU261 does not apply. Delta is a US carrier departing from a non-EU airport.

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  United Airlines code, Lufthansa aircraft, departing Frankfurt (FRA): EU261 applies.

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  Lufthansa code, United aircraft, departing Chicago (ORD): EU261 does not apply.

EU261 makes the operating carrier primarily liable for compensation. The regulation is clear: the obligation rests with the carrier that operates the flight, not the one whose code is on your ticket. However, many airlines' terms and conditions allow you to claim against the marketing carrier if that is who you purchased from.

For the specific question of which airline handles the EU261 filing, see which airline files the EU261 claim on a codeshare. For upgrade rights on codeshares, see codeshare upgrade rights: the unexpected rules.

Practical approach: file your EU261 claim with the operating carrier first. If rejected on grounds that you should claim from the marketing carrier, file with the marketing carrier simultaneously. Do not accept a referral that wastes time.

Most transatlantic US-EU routes exceed 3,500 km, triggering the highest EU261 tier:

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  Cancellation or delay of 4+ hours at destination: 600 EUR per passenger.

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  Delay of 3-4 hours at destination: 300 EUR per passenger (50% reduction applies for long-haul where the airline arranged rebooking within a close window).

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  Downgrade from business to economy: refund of 75% of the business class leg price under Article 10, in addition to any delay compensation.

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  Care rights (Article 9): meals, refreshments, hotel if overnight, ground transport. Applies during extended waits regardless of the compensation outcome.

The return flight from the US is a separate leg governed by DOT rules rather than EU261. For a transatlantic trip cancelled at the US departure airport:

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  Full cash refund if the flight is cancelled by the airline.

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  No mandatory cash compensation for delays (unlike EU261).

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  Involuntary denied boarding: compensation of up to 1,550% of the one-way fare, capped at specific dollar amounts, paid immediately.

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  Rebooking on the next available flight at no additional charge.

You may have rights under both frameworks on the same roundtrip itinerary: EU261 on the EU-departing leg and DOT rules on the US-departing return.

Baggage damage on a US-EU codeshare is governed by the Montreal Convention on both legs (both countries are signatories). The same operating carrier liability rule applies: the carrier whose aircraft and ground crew last handled the bag is primarily responsible. See codeshare baggage damage: whose rules apply for the full claims process.

1. 1

   Identify the operating carrier for the disrupted leg.

2. 2

   Determine the departure airport: EU airport = EU261 applies; US airport = DOT rules apply.

3. 3

   Collect documentation: booking confirmation showing both the marketing and operating flight numbers, disruption notification, actual departure and arrival times from FlightAware.

4. 4

   File EU261 claim with the operating carrier for EU-departing legs within 6 years (UK) or 3 years (most EU states).

5. 5

   File DOT complaint for US-departing legs if the airline refuses a refund for a cancelled flight.

6. 6

   Use TravelStacks to handle the claim filing and follow-up. Start a claim.

Document both legs separately: a roundtrip codeshare disruption may have two separate claims: one under EU261 for the outbound and one under DOT for the return. Handle them as separate submissions to the respective carriers.

A passenger holds an American Airlines ticket (AA6740) operated by British Airways from London Heathrow to Dallas. The flight is cancelled due to a technical fault. EU261 applies: British Airways must offer a refund or rebooking AND pay 600 EUR per passenger in compensation.

The same passenger's return flight is a British Airways ticket (BA1234) operated by American Airlines from Dallas to London. The flight is delayed 5 hours. EU261 does not apply (US carrier, US departure). DOT rules apply: the passenger is entitled to a refund if they choose not to travel, but no statutory cash compensation for the delay.

For the complete codeshare rights framework, see the codeshare flight rights pillar.