Under EU 261/2004, a delay of three hours on arrival gives the right to compensation. That rule is not in the original text of the law — it was settled by the Court of Justice of the EU. Regulation 2026/261, the reform of the air passenger rights regulation, wants to write the delay threshold straight into the regulation. That is an improvement in substance. But where the threshold lands is uncertain right now, and this page is not going to pretend otherwise. Here we go through what actually changes, what is not yet settled, and what it means for a borderline case.
What the threshold looks like today
Today's 3-hour rule comes from the Court of Justice's ruling in the joined Sturgeon cases (C-402/07 and C-432/07). The Court decided that a long delay should be treated as equivalent to a cancelled flight when it comes to the right to compensation. Ever since, the position has been: if you reach your final destination three hours or more after the scheduled arrival time, you have the right to €250, €400 or €600 (roughly SEK 2,800, 4,500 or 6,800) depending on the distance.
Two details are worth holding on to, because the reform does not change them. It is arrival that counts, not departure — a flight that takes off late but lands on schedule pays nothing. And the threshold is a hard line: two hours and fifty minutes gives zero, three hours flat gives the full amount.
That this rule rests on case law and not on an explicit article has been a weakness. A rule built on a court ruling is easier for an airline to question than a rule written in black and white in the text of the regulation.
What the reform wants to change
The reform's stated purpose for the delay threshold is to move it into the text of the law itself. A threshold written explicitly into the regulation is harder to contest — that is an improvement in the passenger's position, whatever figure is finally chosen. Read more in the new definitions in the 2026 rules .
The problem is the figure itself. Here the reporting diverges:
| Source | Date | What it says about the threshold |
|---|---|---|
| EU 261/2004 + the Sturgeon ruling | applies now | 3 hours on arrival, all flight distances |
| The Council of the EU position | June 2025 | Wanted to raise the threshold for shorter flights — four hours was discussed |
| Transportföretagen | January 2026 | States that compensation "continues to be paid already after a three-hour delay regardless of the length of the flight" |
| Consolidated EUR-Lex text | — | Not yet unambiguous on this point |
In other words: an early negotiating position pointed towards a rise for short routes, a later Swedish source states that three hours remains. Until the final consolidated text in EUR-Lex is unambiguous, we treat the figure itself as not established. We update this page as soon as the picture becomes clear.
What it means for a borderline case
Because the threshold is a hard line, its exact position matters most for borderline cases. Picture a delay of three hours and ten minutes on a short flight. Under today's rules it clearly grounds compensation. If the reform raised the limit to four hours for short routes, the same delay would fall under the threshold — and give zero.
Here is the important thing to keep apart: a borderline case like that is decided by which set of rules applies, and that is governed by the date of the disruption.
- If your flight is disrupted now, three hours applies. Full stop. A possible new threshold does not affect a disruption that has already occurred.
- If your flight is disrupted after the reform rules have taken effect, the threshold that then stands in the consolidated text applies.
The practical advice is the same either way: document the actual arrival time carefully — photograph the arrivals screen, keep the boarding pass and any texts from the airline. When a delay sits close to a threshold, it is those minutes that decide, and the burden of proof for the exact arrival time then becomes central.
What to do for a delay near a threshold
Because the threshold decides all or nothing, it is worth knowing how to secure your position with a narrow delay — whether it is today's three hours or a future limit that applies.
Timestamp the arrival exactly. The official arrival time is normally the moment at least one of the aircraft doors opens — not when the wheels touch down and not when you step off. That difference can be several minutes, and in a borderline case those minutes decide. Photograph the arrivals screen, note the time and keep everything the airline sends.
Count from the right point. It is the delay at your final destination that counts. If you travel with a connection, it is the arrival at the final destination that matters, not at the stopover — even if it was the first leg that ran over time.
Do not trust the airline's first statement. An airline that records a delay just under the threshold has an obvious interest in exactly that figure. If it does not match your own documentation, you have grounds to challenge it. In a dispute over a few minutes, it is the independent records — the arrivals screen, flight data — that carry weight.
If you are facing a borderline case right now, three hours applies, and you should pursue the claim on that basis. A new threshold in Regulation 2026/261 does not change the assessment of a flight that has already disrupted you.
How this page connects with the rest
The delay threshold is one of three parts of the 2026 reform. The other two — changed definitions and a tightened claim process — have pages of their own: the new definitions in the 2026 rules and the new claim process. A combined picture of the whole reform is in the breakdown of EU 261's new rules for 2026. If you want to work out what a delay gives you under the rules that apply today, see what your route and delay produce.
This is not legal advice
This page is based on published and institutional sources — expert review is still pending. The rules around the 2026 reform are in transition and the threshold may be adjusted in the final texts. For advice on your individual case, turn to ARN (Allmänna reklamationsnämnden — the Swedish National Board for Consumer Disputes) or Transportstyrelsen (the Swedish Transport Agency), which is the supervisory authority for air passenger rights in Sweden.
Frequently asked questions
Is the delay threshold raised from three hours in the 2026 rules?
It is not settled. The Council of the EU position from June 2025 wanted to raise the threshold for shorter flights. Later Swedish reporting (Transportföretagen, January 2026) states that three hours remains regardless of distance. Until the consolidated text in EUR-Lex is unambiguous, we treat the threshold as not established. Read more in the breakdown of the new rules for 2026 .
Which delay threshold applies if my flight is delayed now?
Three hours. For a flight disrupted today, EU 261/2004 and the 3-hour rule from the Court of Justice's Sturgeon ruling apply. A possible new threshold in Regulation 2026/261 affects only disruptions that occur after the reform rules have taken effect.
Is the delay counted from departure or arrival?
From arrival. It is how late you reach your final destination that decides, not how late the plane took off. A flight that takes off late but makes up the time and lands on schedule pays no compensation. That principle applies under 261/2004 and is not changed by the reform.
What happens with a borderline case, a delay just under the new limit?
The threshold is a hard line: if the arrival falls one minute under it, no compensation is due. That is exactly why it matters where the reform sets the limit. Until the level is established in consolidated text, three hours applies to every disruption occurring now. Always document the actual arrival time.
Sources and further reading
- EUR-Lex — Regulation (EU) 2026/261 and Regulation (EC) No 261/2004
- Court of Justice of the EU — Sturgeon and Others, joined cases C-402/07 and C-432/07 (the 3-hour rule)
- Transportstyrelsen — Passenger rights (supervisory authority in Sweden)
- ARN — Allmänna reklamationsnämnden — examines consumer disputes at no cost
- The Council of the EU position (June 2025) and Transportföretagen (January 2026) — reporting on the state of the reform
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