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EU261May 2, 20265 min read

Does EU261 Apply on US Airlines Flying From Europe?

LC

Loren Castillo

Founder, TravelStacks

Yes. EU261 applies to all flights departing from EU airports, including Delta, American Airlines, and United flights departing from Amsterdam, Frankfurt, Madrid, and other EU airports. Here is everything you need to know to claim.

The Direct Answer: Yes, EU261 Applies to US Airlines From EU Airports

EU261 applies to ALL flights departing from EU airports, regardless of airline nationality. If your Delta, American Airlines, or United flight departs from Amsterdam, Paris CDG, Frankfurt, Madrid, or any other EU member state airport and arrives 3+ hours late, EU261 compensation applies.

  • EU Regulation 261/2004 Article 3(1)(a) covers any flight departing from an EU airport, with no exception for non-EU carriers.

  • Covered US airlines from EU airports: Delta, American Airlines, United, JetBlue, and any other US carrier with EU-departure routes.

  • Not covered: US airline flights arriving into the EU from the US (use the Montreal Convention instead).

  • Not covered: US airline flights from UK airports such as London Heathrow or Gatwick (those fall under UK261, not EU261).

Which US Airline Flights Qualify for EU261

  • Delta from AMS (Amsterdam): AMS to JFK or ATL: YES. JFK to AMS: NO.

  • Delta from CDG (Paris): CDG to ATL or JFK: YES. ATL to CDG: NO.

  • American Airlines from MAD (Madrid): MAD to JFK or MIA: YES. JFK to MAD: NO.

  • United from FRA (Frankfurt): FRA to EWR or ORD: YES. EWR to FRA: NO.

  • JetBlue from AMS: AMS to JFK: YES.

  • From London Heathrow (LHR) or Gatwick (LGW): These are UK airports. Claims go under UK261, not EU261.

The rule is straightforward: the departure airport determines coverage. Any flight leaving an EU airport is subject to EU261, whether operated by a US, Asian, or Middle Eastern carrier. The airline's nationality is irrelevant to eligibility.

Compensation Amounts for EU261 Claims Against US Airlines

  • Under 1,500 km: 250 EUR per passenger.

  • 1,500 to 3,500 km: 400 EUR per passenger.

  • Over 3,500 km (most US-Europe transatlantic routes): 600 EUR per passenger.

  • Triggers: Arrival more than 3 hours late at the final destination, cancellation with less than 14 days notice, or involuntary denied boarding.

  • 50% reduction: If you were rerouted and arrived within 4 hours of your original scheduled arrival on long-haul routes, compensation may be halved to 300 EUR.

The 600 EUR compensation for transatlantic departures from EU airports is independent of ticket price. A passenger who paid 180 EUR for a basic economy seat is entitled to the same 600 EUR as a business class passenger. For the complete framework, see the EU261 rights guide.

How to File an EU261 Claim Against a US Airline

  1. 1

    File directly with the airline. Use the airline's compensation form or customer service. Cite EU Regulation 261/2004, your flight number, departure airport, departure date, and delay duration.

  2. 2

    State the specific amount you are claiming (250, 400, or 600 EUR based on distance). Do not accept a voucher or travel credit unless you prefer it over cash.

  3. 3

    If the airline refuses or does not respond within 6 weeks, escalate to the National Enforcement Body (NEB) in the EU departure country. For Amsterdam: Dutch ACM. For Paris: French DGAC. For Frankfurt: German Luftfahrt-Bundesamt (LBA).

  4. 4

    Consider alternative dispute resolution if the NEB process is slow. Several EU countries have ADR schemes for air passenger rights.

  5. 5

    Small claims court in the EU country of departure is available as a last resort. US airlines operating EU routes are subject to EU jurisdiction for EU261 claims.

If the US Airline Refuses Your Claim

  • National Enforcement Bodies: Each EU country has an NEB empowered to investigate and issue compliance orders against all airlines, including US carriers on EU routes.

  • EU Small Claims Procedure: For claims under 5,000 EUR, this allows cross-border claims within the EU without a lawyer.

  • Third-party claim services: Specialized firms process EU261 claims on contingency, typically taking 20 to 35% of the recovered amount.

  • US courts: Potentially available depending on forum and facts, but enforcing European passenger rights in US courts is complex.

If the delay was on a US-departure flight and EU261 does not apply, the Montreal Convention is the fallback international framework. For general guidance, see international passenger rights.

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