Flight compensation from the EU/EEA and Switzerland: when two laws may apply

The European rule: the regulation covers a flight departing from an airport in the EU, the EEA or Switzerland, whatever the airline, and a flight into that area from outside it only when the operating airline is an EU/EEA/Swiss airline. Flights to and from the UK fall under the separate UK261 rules. The "operating airline" is the one that actually flies the plane, even if the ticket was sold under another airline's name (codeshare).

The distance bands in the two laws are not the same, so the rows above do not line up one to one. The Israeli amount is higher on many routes, but not on all of them. On a route of 1,500 to 2,000 km (for example Bucharest), EU261 gives €400 while Israeli law is still in its first band. On a route of 3,500 to 4,500 km (for example Madrid or Lisbon), the result depends on the exchange rate. Any reduction allowed by each law also affects the comparison.

This is where the two laws really differ. European case law has held that a delay of 3 hours or more on arrival at the destination gives a right to cash compensation, as if the flight had been cancelled. Israeli law, by contrast, measures the departure delay, and the fixed cash compensation only applies to a cancellation or a departure delay of 8 hours or more (Section 1 of the law treats such a delay as a cancellation).

In practice: a flight from Rome to Tel Aviv that took off 4 hours late does not create fixed cash compensation under Israeli law. But if it also arrived 3 hours or more late, the European route may support a claim of €400 per passenger. This is exactly the situation where it matters to know that both routes exist. The full Israeli scale of delay hours is in the flight delay compensation guide.

• Cancellation: compare both laws first. The amount and the right to it can differ by distance, advance notice, the alternative flight offered, special or extraordinary circumstances, and anything you already received. The Israeli limitation period is 4 years.
• A 3 to 8 hour delay on a flight from Europe: the European route, which is often the only one that pays cash compensation.
• A delay of 8 hours or more: both laws may be open, and the same comparison applies.
• A voucher instead of money: a strong argument under both laws. Under Section 6(a)(2) of the Israeli law, the choice between a full refund and an alternative ticket belongs to the passenger, and under Section 6(f) the operator or organiser announcing a cancellation must present the passenger with the alternatives for reaching the final destination. Denying that choice may give grounds for exemplary damages under Section 11 of the law, provided it is proven that the breach was knowing.

You cannot get the same type of benefit twice for the same disruption. Where both laws apply, check each type of right separately, and deduct anything you already received under one law before claiming the same type of benefit under the other. Who to claim from depends on the claim and on the roles of the operating airline and, where relevant, the organiser. FlyBack is not a law firm. Our service focuses on pursuing your rights under Israeli law.