EU261 · enforcement
Claiming against an airline in Spain
The compensation rules are identical across the EU — that is the point of a Regulation. What changes at the border is the deadline, the regulator and the court.
Time limit
5 years
General civil obligations period, Código Civil art. 1964
Court route
Juicio verbal for small sums; European Small Claims Procedure for cross-border
Used only after the airline and the regulator.
AESA issues a non-binding ruling. Spanish courts are comparatively claimant-friendly on technical-fault defences. Five years is among the longest EU windows.
The order to do it in
- Write to the airline, quoting Article 7 and the flight. Free.
- Wait 28 days.
- Complain to AESA — Agencia Estatal de Seguridad Aérea if refused. Still free.
- Juicio verbal for small sums; European Small Claims Procedure for cross-border if that fails.
- A claims service only once the free routes are exhausted.
Questions
How long do I have to claim flight compensation in Spain?
5 years. General civil obligations period, Código Civil art. 1964.
Who enforces air passenger rights in Spain?
AESA — Agencia Estatal de Seguridad Aérea. Complaining to them is free and does not stop you going to court afterwards.
Which court hears flight compensation claims in Spain?
Juicio verbal for small sums; European Small Claims Procedure for cross-border.