EU261 · enforcement
Claiming against an airline in Portugal
Three years is the period usually quoted for Portugal, and it is the safe assumption. We found no Portuguese appeal ruling that fixes the period for EU261 claims.
Checked against its sources
Time limit
3 years (not settled)
Usually linked to Código Civil art. 498; not confirmed for EU261
Court route
Julgado de paz or the civil courts
Used only after the airline and the regulator.
ANAC covers flights departing from Portuguese airports, including Madeira and the Azores, and flights into Portugal from outside the EU.
The order to do it in
- Write to the airline, quoting Article 7 and the flight. Free.
- Give it a month to answer.
- Complain to ANAC through its online form (Portuguese or English) if the airline refuses or does not answer. Free.
- Take it to a julgado de paz or the civil courts if that fails. If you live in a different EU country from the court, the European Small Claims Procedure (Regulation 861/2007) handles claims up to €5,000 with a standard form, usually without a hearing.
- A claims service only once the free routes are exhausted.
Which body: ANAC handles flights that departed from Portugal, whichever airline operated them, and flights into Portugal from outside the EU, which the Regulation covers when an EU airline operates them (Articles 3 and 16). A flight from another EU country goes to that country’s body, even if the airline is based in Portugal. All enforcement bodies →
The time limit in detail
- Period
- Three years is the figure generally given.
- Statutory basis
- Not confirmed. Article 498 of the Civil Code sets three years for compensation claims; the general period for contract claims is twenty years (art. 309). We found no ruling deciding which applies to EU261 compensation.
- Safe assumption
- Three years from the flight.
- Why national law
- Regulation 261 sets no time limit. The Court of Justice held in Moré v KLM (C-139/11, 22 November 2012) that each Member State’s limitation rules apply, and that the two-year Montreal Convention period does not.
- From 23 Oct 2027
- Regulation (EU) 2026/2202 adds a new Article 7(9): passengers must submit a request for compensation to the airline within nine months of the actual departure date on the ticket. It is a deadline for asking the airline, not for going to court, and the text does not say how it interacts with the national period above. Until it applies, the national period is the limit. What the reform changes →
Every country side by side: time limits by country.
Questions
How long do I have to claim flight compensation in Portugal?
Three years is the period usually given and the safe assumption. Its basis is not settled: article 498 of the Civil Code sets three years, the general contract period is twenty, and we found no ruling choosing between them.
Who enforces air passenger rights in Portugal?
ANAC (Autoridade Nacional da Aviação Civil), for flights departing from Portugal or arriving there from outside the EU. Complaining is free and does not stop you going to court.
Which court hears flight compensation claims in Portugal?
A julgado de paz (small-claims court) where one covers your area, or the civil courts. Cross-border claims up to €5,000 can use the European Small Claims Procedure.
Does the 2026 EU reform change the deadline?
Not yet. From 23 October 2027, Regulation (EU) 2026/2202 requires passengers to submit a compensation request to the airline within nine months of the departure date. How that interacts with the national limitation period is not settled by the text.