Malaysia Airlines compensation: how long do you actually have to claim?
There's no single EU-wide deadline for an EU261 or UK261 claim against Malaysia Airlines — the actual limitation period depends on which country's law governs your specific claim, and getting this wrong is one of the easiest ways to lose an otherwise valid case. Work out the applicable window early, not after months of back-and-forth with the airline.
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Why there's no single answer
EU261 itself doesn't set a claim deadline; the European Court of Justice has confirmed that each member state's own national limitation rules fill this gap, tied to where the claim is being pursued rather than to the regulation's text itself. The same is true for UK261 within its own jurisdiction. This means "how long do I have" genuinely depends on your specific circumstances, not a fixed EU-wide number.
The deadline for a Paris CDG departure
France applies a five-year general limitation period to most civil claims, including EU261 compensation claims pursued through French courts or French legal channels. This is measured from the date of the disruption itself, not from when Malaysia Airlines rejected your claim.
The deadline for a London Heathrow departure
England and Wales apply a six-year limitation period under the Limitation Act 1980 to claims of this kind, again running from the date of the flight rather than from any later correspondence with the airline. If your claim touches Scotland's or Northern Ireland's own court systems instead, their respective limitation rules would apply rather than the England and Wales figure.
Does an ongoing dispute with Malaysia Airlines pause the clock?
Generally, no — submitting a claim, receiving a rejection, and even escalating through a national enforcement body doesn't automatically pause or reset the underlying limitation period in most jurisdictions. Don't assume an active back-and-forth with the airline buys you unlimited additional time; keep the actual deadline in view throughout.
What date should you actually count from?
Use the date of the flight itself — the disruption event — as your starting point for calculating the relevant deadline, not the date you first contacted Malaysia Airlines or the date of any rejection letter. This is the safest approach given how courts have generally applied these rules.
A future reform to be aware of, not yet in force
Proposals to revise EU261's own thresholds and procedures have circulated at the EU level for several years without being adopted; treat any reported change to the compensation regime itself as proposed rather than current law unless independently confirmed as formally adopted. This caution applies specifically to substantive changes — the underlying national limitation-period rules discussed above already reflect current, applicable law.
Baggage claims run on a different, shorter clock entirely
If your Malaysia Airlines issue involves a lost, delayed or damaged bag rather than a flight disruption, the Montreal Convention sets its own two-year limitation period for legal proceedings, separate from — and considerably shorter than — the national deadlines discussed above for delay and cancellation compensation. Don't apply the flight-disruption deadline to a baggage claim by mistake.
What if you're not sure which country's deadline applies to your specific case?
Start from your true departure airport, since that's what determines which regulation (EU261 or UK261) applies in the first place, and from there identify the relevant national or jurisdictional limitation rule. The legal framework decision guide walks through this identification process from the beginning.
A worked example
A passenger's Malaysia Airlines flight from Paris CDG was cancelled on 10 March 2023. Under France's five-year rule, a claim relating to this specific disruption remains viable until roughly 10 March 2028, regardless of how many unsuccessful exchanges the passenger has had with the airline in the meantime.
Does filing early rather than waiting have any advantage?
Yes — evidence quality degrades over time. Boarding passes get lost, memories of exact timings fade, and Malaysia Airlines' own records may become harder to retrieve the longer you wait, even though the legal deadline itself is far off. Filing promptly protects the strength of your case, independent of the limitation period.
FAQ
How long do I have to claim EU261 compensation from a Malaysia Airlines flight departing Paris?
Five years from the date of the flight, under France's general civil limitation period.
How long do I have to claim UK261 compensation from a Malaysia Airlines flight departing London?
Six years from the date of the flight, under the Limitation Act 1980 for England and Wales.
Does contacting Malaysia Airlines or a national enforcement body pause my claim deadline?
Generally no — the underlying limitation period typically keeps running regardless of ongoing correspondence.
Is the baggage claim deadline the same as the flight-disruption deadline?
No — Montreal Convention baggage claims carry a separate two-year limitation period, shorter than the national deadlines that apply to delay and cancellation compensation.
Has the EU adopted a new, shorter deadline for EU261 claims?
Not as confirmed law — treat any reported change to the compensation framework as proposed rather than adopted unless independently verified.
Does the specific type of disruption change which deadline applies?
No — whether your Malaysia Airlines claim relates to a delay, a cancellation or a denied boarding, the same national limitation period governs all three, since each is assessed under the same underlying regulation for that departure territory. What genuinely changes the applicable deadline is the departure airport's jurisdiction, not the category of disruption you experienced.
Should you wait until close to the deadline to file?
No — filing as early as reasonably possible preserves the strength of your evidence even though the legal deadline itself may be years away.
Does the amount you're claiming affect which deadline applies?
No — the same national limitation period generally applies regardless of whether you're claiming EUR 250 or EUR 600, since the rule is based on the type of claim and jurisdiction, not its value.
Does escalating to a national enforcement body or the CAA change your deadline?
No — pursuing the escalation route after Malaysia Airlines fails to resolve a claim doesn't itself extend or restart the underlying limitation period in most jurisdictions. Treat escalation as a parallel step within your existing deadline, not a way to buy additional time.
Keep a written note of the key date
Record the exact flight date of the disruption somewhere durable, separate from your correspondence with Malaysia Airlines — this single date is what any later deadline calculation will actually depend on.