Brexit split EU261 into two regulations. Here's which one covers your flight and what it means for your compensation claim.
Quick answer:
The rules are nearly identical. The key differences:
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Before Brexit, EU261 covered all flights from UK airports. When the UK left the EU, it retained the regulation as domestic law — now called UK261. The rules didn't change. The coverage map did.
UK261 applies to: all flights departing from a UK airport (any airline), and flights arriving in the UK on a UK-licensed airline.
EU261 applies to: all flights departing from an EU airport (any airline), and flights arriving in the EU on an EU-based airline.
Simple rule: look at where the flight departs. UK departure = UK261. EU departure = EU261. The airline's nationality only matters for inbound flights.
Functionally equivalent:
At current exchange rates, roughly the same amounts.
UK261 has a uniform 6-year claim window. EU261 varies by country — most allow 3 years, some up to 5-6 years. If you had a disrupted flight from a UK airport up to 6 years ago, you may still be able to claim.
Interpreted identically. UK courts continue to reference EU case law — Wallentin-Hermann on technical faults, Sturgeon on delays. A claim that would succeed under EU261 would succeed under UK261.
If you booked Edinburgh to Barcelona via Amsterdam, the Edinburgh-Amsterdam leg is UK261 (departing UK), the Amsterdam-Barcelona leg is EU261 (departing EU). You claim against the airline for the overall delay to your final destination.
UK261: escalate to the UK Civil Aviation Authority (CAA). EU261: escalate to the National Enforcement Body in the departure country (German LBA, French DGAC, Spanish AESA, etc.).
The process is identical under both regulations. FlightComp's eligibility checker automatically detects which regulation applies, so you don't have to figure it out.
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Are Ryanair and easyJet flights from the UK covered by UK261 or EU261? UK261, because the flight departs from a UK airport. The airline's registration doesn't change this.
Can I claim under both regulations for the same flight? No. Only one regulation applies per flight, based on departure point and airline.
Is the claims process different for UK261? No. Same approach — just reference UK Regulation 261 instead of EU Regulation 261/2004.
Does UK261 apply to flights from Gibraltar? Gibraltar has its own aviation rules. UK261 covers airports in England, Scotland, Wales, and Northern Ireland.
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