Reference

Glossary of EU 261 and air-passenger rights

Short, cited explanations of the key terms in EU 261/2004 and its Swedish application. Use the search bar or the A–Z list to find a term — each entry links back to the article where it is introduced in context.

38 terms · Last reviewed: 18 May 2026

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A

# ARN — Sweden's National Board for Consumer Disputes

A free state-run ADR body for consumer disputes. Hears EU 261 claims once the airline has replied (or failed to). ARN's recommendations are not binding but are followed by roughly 70–80 % of airlines in practice.

# ATC strike

Industrial action by air-traffic controllers (an external actor). Routinely treated as an extraordinary circumstance in CJEU case law — the flat-rate falls away but the care duty remains.

B

# Bird strike

Collision between a bird and the aircraft. The CJEU has held in Pesková (C-315/15) that bird strikes count as extraordinary circumstances if the airline can show reasonable measures were taken.

Cited: C-315/15 Pesková

# BRA — Braathens Regional Airlines

A Swedish domestic airline. We do not state a current bankruptcy status — always check the Swedish Companies Registration Office (Bolagsverket) before filing a claim.

C

# Connecting flight

A journey with a change between flights on the same booking. The CJEU has held that a connected journey is treated as one unit — compensation is based on the delay at the final destination, not at each leg.

Cited: C-11/11 Folkerts; C-537/17 Wegener

# Cuadrench Moré ruling

CJEU ruling confirming that the limitation period for EU 261 claims follows national law. For Sweden that means 10 years under the Swedish Statute of Limitations.

Cited: C-139/11 Cuadrench Moré

# Compensation by distance band

€250 (up to 1,500 km) · €400 (1,500–3,500 km or intra-EU over 1,500 km) · €600 (over 3,500 km outside the EU). Distance is measured as the great circle from origin to final destination.

Cited: EU 261/2004 art. 7

# Care duty

The airline's obligation under Article 9 of EU 261/2004 to provide food, drink, communication and, where needed, hotel accommodation during a long delay. Applies whether or not the flat-rate compensation is paid.

Cited: EU 261/2004 art. 9; C-410/11 Air Baltic

D

# Denied boarding

When a passenger with a confirmed booking and on-time check-in is prevented from boarding — typically because of overbooking. Triggers €250–600 flat-rate under Article 4 of EU 261/2004.

Cited: EU 261/2004 art. 4

# District court (Sweden)

First instance in the Swedish ordinary court system. This is where an EU 261 claim is filed if the ARN route is not enough — either as a simplified small-claims case or an ordinary district-court case.

See also: /flight-compensation-court/

E

# EU Regulation 261/2004

The currently-in-force EU instrument on passenger rights for delayed, cancelled and overbooked flights. Directly applicable in all EU states. To be reformed in 2026 as Regulation 2026/261.

Cited: CELEX:32004R0261

# Extraordinary circumstance

An exception in EU 261/2004 that releases the airline from flat-rate compensation if the event was outside its control and reasonable measures were taken. The care duty (food, drink, hotel) still applies.

Cited: C-549/07 Wallentin-Hermann; C-315/15 Pesková

# EU-based airline

An airline holding an operating licence issued within the EU. Together with the departure airport this determines whether EU 261/2004 applies to a specific flight.

Cited: EU 261/2004 art. 3

F

# Folkerts ruling

CJEU ruling establishing that the delay is measured at the final destination — even if individual legs were on time.

Cited: C-11/11 Folkerts

# Fixed-cash-out delay insurance

A travel-insurance category that pays a fixed sum on delays over X hours — typically 500–1,500 SEK. Faster than EU 261 but always a smaller amount. Suits frequent travellers as a complement.

See also: /travel-insurance-vs-eu-261/

# Flat-rate compensation

The fixed compensation of €250 / €400 / €600 under Article 7 of EU 261/2004 — paid regardless of actual economic loss when the conditions are met.

Cited: EU 261/2004 art. 7

I

# Indemnity-based compensation

Compensation that reimburses a documented economic loss up to the policy limit — as opposed to flat-rate compensation. Travel insurance works on this principle.

See also: /travel-insurance-vs-eu-261/

L

# Limitation period

The period within which a claim must be raised before the right to bring it falls away. In Sweden the limitation period for EU 261 claims is 10 years, confirmed by Cuadrench Moré (C-139/11). Shorter in other EU states.

Cited: Swedish Statute of Limitations 1981:130; C-139/11 Cuadrench Moré

See also: /flight-compensation-court/

# Litigation costs

Court fees plus the opposing party's legal costs. In a simplified small-claims case the cost risk is capped (filing fee + 1 hour of legal advice); in an ordinary district-court case the losing party may bear the winner's full lawyer bill.

Cited: Swedish Code of Judicial Procedure ch. 18

See also: /flight-compensation-court/

M

# Montreal Convention

International convention governing the airline's liability for baggage damage, baggage delay and personal injury on international flights. Applies alongside EU 261 — they cover different loss types.

Cited: Montreal Convention 1999

See also: /travel-insurance-vs-eu-261/

N

# No-double-recovery principle

A general Swedish liability principle — you cannot be compensated twice for the same actual loss. Applied when EU 261 flat-rates and a travel-insurance payout overlap (e.g. hotel night).

See also: /travel-insurance-vs-eu-261/

# No win, no fee

Compensation-service business model: nothing to pay if the claim is lost, but a commission (typically 25–35 %) of the payout if the claim wins. The court step can carry an extra fee.

O

# Overbooking

When more tickets have been sold than there are seats. Leads to denied boarding for some passenger — which directly triggers flat-rate compensation under Article 4 of EU 261/2004.

Cited: EU 261/2004 art. 4

P

# Pesková ruling

CJEU ruling on bird strikes. Counts as an extraordinary circumstance if the airline shows reasonable measures were taken — but not automatically.

Cited: C-315/15 Pesková

# Price-base amount (Sweden)

Sweden's indexed reference figure (~46,500 SEK in 2026) used among other things to set the threshold for simplified small-claims cases: half the price-base amount, i.e. ~23,250 SEK.

See also: /flight-compensation-court/

R

# Regulation 2026/261

The planned reform of EU 261/2004. Amounts are retained; what changes is handling timelines, definitions and airlines' response obligations. Final text not yet consolidated in EUR-Lex as of May 2026.

# Reasonable measures

The test the CJEU applies to decide whether the airline may invoke an extraordinary circumstance — could the event reasonably have been avoided, or its consequences mitigated?

Cited: C-549/07 Wallentin-Hermann; C-315/15 Pesková

S

# Simplified small-claims case

Simplified small-claims procedure in Swedish district court for claims under half the price-base amount (~23,250 SEK in 2026). Lower filing fee, capped cost risk, no legal-counsel requirement.

Cited: Swedish Code of Judicial Procedure ch. 1 § 3 d

See also: /flight-compensation-court/

# Swedish Consumer Agency

Sweden's consumer-protection authority. Does not pursue individual EU 261 claims but publishes guidance and supervises marketing and contract terms.

# Statement of claim

The document by which court proceedings are initiated in Sweden. Must contain the relief sought, the legal basis, the relevant facts and the evidence relied on — per Chapter 42 § 2 of the Swedish Code of Judicial Procedure.

Cited: Swedish Code of Judicial Procedure ch. 42 § 2

See also: /flight-compensation-court/

# Sturgeon ruling

CJEU precedent establishing the 3-hour rule: passengers whose flight is delayed 3 hours or more on arrival have the same right to flat-rate compensation as for a cancelled flight.

Cited: C-402/07 Sturgeon; C-432/07 Böck

# Swedish Transport Agency

The EU 261 supervisory authority in Sweden (National Enforcement Body). Does not pursue individual claims but can sanction airlines that systematically breach the regulation.

T

# Travel insurance

A private insurance contract that covers documented economic losses while travelling — typically hotels, meals, baggage, medical care. A complement to EU 261, not a substitute.

See also: /travel-insurance-vs-eu-261/

# Trustpilot

An independent consumer-review platform. Used as a reference in comparisons of compensation services — AirHelp holds ~4.5/5 based on 236,000+ reviews as of May 2026.

U

# Upgrade / downgrade

If the airline places you in a lower service class than booked you are entitled to a partial refund under Article 10 of EU 261/2004. Upgrades cannot be charged for.

Cited: EU 261/2004 art. 10

V

# Voucher

A credit note or travel voucher that the airline may offer as compensation. Under Article 7.3 of EU 261/2004 the passenger always has the right to demand a cash payment instead.

Cited: EU 261/2004 art. 7.3

W

# Wallentin-Hermann ruling

CJEU ruling holding that routine technical faults do not count as an extraordinary circumstance — they belong to an air carrier's ordinary operations.

Cited: C-549/07 Wallentin-Hermann

# Wegener ruling

CJEU ruling confirming and extending the Folkerts principle to journeys with connections outside the EU — if the trip starts in the EU it counts as one unit.

Cited: C-537/17 Wegener