EU261 vs UK261: What's the Difference and Which Applies to Your Flight?

If you've researched flight compensation, you've probably seen both "EU261" and "UK261" mentioned, sometimes interchangeably. They're closely related, but knowing which one applies to your flight determines the currency you're owed in and which body handles a dispute if the airline refuses to pay.

The short version

The UK adopted EU Regulation 261/2004 into domestic law before Brexit, so UK261 and EU261 are near-identical in substance: the same eligibility rules, the same 3-hour delay threshold, the same extraordinary circumstances defence. The two regulations only really diverge on currency, jurisdiction, and who enforces them.

Which one applies to your flight?

• UK261 applies if your flight departs from a UK airport, on any airline, regardless of nationality.
• EU261 applies if your flight departs from an airport in the EU, again on any airline.
• If your flight departs outside the UK and EU but arrives in the UK or EU on a UK or EU airline, the relevant regulation still applies to that inbound leg.
• If you fly on a non-UK, non-EU airline into the UK or EU from elsewhere (for example a US carrier from New York to somewhere outside the UK/EU), neither regulation applies to that flight.

In practice, most round trips from the UK to Europe involve UK261 on the way out and EU261 on the way back, since the return leg departs from an EU airport.

The compensation amounts differ, but not by much

• UK261: £220 / £350 / £520
• EU261: €250 / €400 / €600

These figures were set at broadly comparable values when UK261 was created, but they haven't been updated since, and exchange rate movements mean the real-world value has drifted slightly over time. The bracket structure (short-haul, medium-haul, long-haul with a 4-hour threshold) is identical.

Does it matter which airline I flew with?

Less than you'd think. The regulation that applies is determined primarily by where the flight departed, not the airline's nationality. A US airline flying out of Heathrow is still covered by UK261 for that flight. A UK airline flying out of Madrid is covered by EU261 for that flight.

Does enforcement differ?

Yes, this is where the practical difference shows up if an airline refuses to pay. UK261 disputes go through UK-based Alternative Dispute Resolution (ADR) schemes such as CEDR or Aviation ADR, and ultimately UK courts. EU261 disputes are handled by the relevant EU member state's national enforcement body and courts. UK courts are also no longer automatically bound by new rulings from the EU's Court of Justice, though existing EU case law remains highly influential in how UK261 claims are assessed.

Does Brexit affect whether you can claim at all?

No. Brexit didn't remove passenger rights, it just meant the UK needed its own version of the law rather than relying directly on the EU regulation. If anything, having two parallel, near-identical regulations means more routes are covered, not fewer.

Which one applies to my claim with Klaimly?

You don't need to work this out yourself. When you submit your flight details, we automatically determine whether UK261 or EU261 applies based on your departure and arrival airports and the operating airline, and pursue the claim under the correct regulation. Flat 5% fee, only if we win.