In 30 seconds
EU Regulation 261/2004 gives a right to €250, €400 or €600 depending on the distance, for long delays, cancellations and denied boarding, and to meals, calls and a hotel while you wait. It applies to any airline departing from an airport in the EU, including Naples, Rome and Bari, and to EU airlines arriving in the EU from outside. Airlines can refuse for “extraordinary circumstances”.
Visitors from the US and the UK often fly into Naples, Rome or Bari and discover at the airport that their flight is cancelled or arrives many hours late. They ask whether Italian or European rules help a non-EU passenger. The answer is often yes. This guide explains the basics. For other travel problems, see our guides on injuries as a tourist and on ruined holidays.
When the Regulation applies
- Flights departing from an EU airport, on any airline, including a US or UK airline.
- Flights arriving in the EU from a non-EU country, only if operated by an EU airline.
- You must have a confirmed booking and have presented yourself for check-in on time.
After Brexit the United Kingdom has its own rules (“UK261”) for flights departing from UK airports. A flight from Naples to London is usually covered by the EU Regulation as a departure from an EU airport.
What you can claim
| Distance of the flight | Compensation per passenger |
|---|---|
| Up to 1,500 km | €250 |
| Over 1,500 km within the EU, and between 1,500 and 3,500 km | €400 |
| Over 3,500 km outside the EU | €600 |
For delays the Court of Justice of the EU has held that a delay of 3 hours or more at arrival can give the same right as a cancellation. For cancellations, the right arises if you were told less than 14 days before departure, unless you were offered a suitable alternative. Compensation may be reduced by half in some cases of rerouting.
Frequent case
A problem that happens often. Frequent case described in general terms: names, places and details do not refer to real people or cases.
A couple from the US flies from Naples to a city in the UK on a UK airline. The flight arrives more than 3 hours late because of a technical fault found before departure. They send a written claim to the airline with the boarding passes, receive no answer, and file a complaint with ENAC. The airline is then asked to explain why it considers the delay outside its control.
The best path for you
Usually the best path is: (1) a clear written claim to the airline with the amount and the documents; (2) a complaint to ENAC if there is no reply; (3) a court case, perhaps in Italy, only after those steps, and only when the amount justifies the cost.
Facing a similar situation? You can send your documents to the firm for an assessment, from anywhere in the world.
Care while you wait, and refunds
- Meals and drinks in proportion to the waiting time.
- Hotel and transport when an overnight stay is needed.
- Refund or re-routing in case of cancellation.
These rights are separate from the lump-sum compensation and apply even when the airline proves extraordinary circumstances. Keep receipts for what you spend.
When the airline can refuse
The airline does not owe the lump-sum compensation if the cancellation or delay was caused by extraordinary circumstances that could not have been avoided even with all reasonable measures, such as severe weather or an air-traffic restriction. A routine technical fault is generally not considered extraordinary. The burden of proof lies on the airline.
How to claim in Italy
- Collect the booking, boarding passes, the airline’s messages and receipts.
- Send a written claim to the airline, citing Regulation 261/2004 and the amount.
- If the airline refuses or does not reply, file a complaint with the Italian authority ENAC, which is the national enforcement body.
- If necessary, start a court case in Italy. For small amounts the Justice of the Peace is often competent. A lawyer can act for you from abroad.
Time limits depend on national law. Act promptly rather than waiting.
How attorney Fiorentino can follow you
- Check whether the Regulation applies to your flight and your airline.
- Draft the claim and, if needed, the complaint to ENAC.
- Start proceedings in Italy and keep you informed, even if you are back home.
Frequently asked questions
Do I need to be an EU citizen?
No. The Regulation depends on the flight, not on your nationality.
Does the Regulation apply if I booked through a travel agency?
Yes, if you have a confirmed booking. A package holiday also has other protections.
Is a strike an extraordinary circumstance?
A strike by the airline’s own staff generally is not; a third-party strike may be. It depends on the case.
Can I claim for lost baggage?
That is a different regime, under the Montreal Convention, with short deadlines.
Related guides
Learn more: Legal guides from Studio Legale Fiorentino.
A flight problem in Italy?
Every situation must be assessed on the documents of the specific case. You can consult the firm from anywhere in the world: by video call, phone, WhatsApp or email. Appointments in person in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari.
Official sources
Information updated on October 13, 2026. This is general information, not legal advice. The firm does not advise on United States or United Kingdom law or taxes.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.