TAP compensation time limit: how long you have to claim
There is no single worldwide deadline for an EU261 claim against TAP Air Portugal. How long you have depends on the country whose courts would hear the case, and those national limitation periods range from a couple of years to six. This guide explains why the clock varies, which periods commonly apply, why baggage follows a separate rule, and why claiming early is the safest strategy.
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Short answer: Regulation 261/2004 fixes the compensation (EUR 250/400/600) but sets no time limit of its own. The deadline comes from the national law of wherever you bring the claim. For TAP that is often Portugal, but because you can usually sue in the country of departure or arrival, the period can differ — commonly reported figures run from about two years up to six (England and Wales). Do not rely on a single universal number; act promptly, and note that baggage has its own strict two-year limit.
Why EU261 has no built-in deadline
Regulation 261/2004 tells you how much TAP owes and when, but it is silent on how long you have to enforce the right. The Court of Justice of the EU has confirmed that, because the Regulation contains no limitation rule, the time limit for bringing a compensation claim is governed by the national law of each Member State. So the same delayed flight can carry a two-year deadline in one country and a six-year deadline in another, purely because of where the case is decided.
That is why a blanket "you always have three years" is unreliable: what matters is which national court has jurisdiction over your TAP flight, and what its limitation period says.
Where you can sue changes the clock
For journeys with an EU link you generally have a choice of forum. Under case C-204/08 (Rehder), a passenger can bring an EU261 claim in the courts of either the departure or the arrival airport. For a Lisbon-based carrier that choice comes up constantly: a Berlin-Lisbon flight could be litigated in Germany or in Portugal, each with its own limitation period. Because the periods differ, a flight time-barred under a shorter rule might still be in time under a longer one — so check the options before assuming the deadline has passed.
Limitation periods that commonly apply to TAP passengers
The figures below are the periods most often reported for EU261 court claims in the countries TAP flies to and from. Treat them as a rough guide, not a guarantee — national rules change, and how they apply to a given flight can be disputed.
| Jurisdiction | Commonly reported limitation period |
|---|---|
| Portugal (TAP's home; LIS/OPO) | Reported variously (often cited around three years) |
| England and Wales | Six years |
| Germany | Three years (running to year-end) |
| Spain | Commonly cited around five years |
| France | Commonly cited around five years |
The clock normally runs from the date of the disrupted flight. Portugal matters most for TAP because Lisbon and Porto are its hubs, so many claims land there — but if your flight departed or arrived elsewhere in the EU, another country's period may be open to you, so verify the rule for your route rather than assume one number fits all.
Baggage runs on a separate two-year bar
Lost, damaged, or delayed baggage is not an EU261 matter — it falls under the Montreal Convention, which sets a hard, internationally fixed deadline: two years from the date the aircraft arrived, or should have arrived. That bar is strict and applies whichever national court hears it. Report the problem quickly too: file a Property Irregularity Report (PIR) at the airport, then claim in writing within 7 days for damage or 21 days for a delayed bag. Liability is capped at roughly 1,519 SDR per passenger, the limit in force since 28 December 2024.
The July 2026 reform is a proposal, not a new deadline
You may have read that the EU plans to introduce a fixed nine-month window to submit a claim, paired with a 30-day deadline for airlines to respond. That is part of the proposed reform of Regulation 261/2004 — a proposal, not yet in force — so it does not currently shorten or replace the national periods above. Until it becomes law, the existing patchwork of national deadlines governs a TAP claim, and if it is adopted the rules on when and how you claim could change.
Why acting early beats counting the years
Even where a long limitation period is available, delay works against you. Boarding passes get thrown away, booking confirmations vanish, and your memory of the real arrival time fades — and it is the arrival time at your final destination that decides a delay claim. Filing while the evidence is fresh is far easier than reconstructing it years later. If TAP has already turned you down, our rejected TAP claim guide explains how to escalate, and the how-to-claim walkthrough covers the documents you need.
ClaimWinger works on a no-win, no-fee basis: no upfront cost, and a commission only if your claim succeeds. We check the jurisdiction and whether your claim is still in time before we lodge it, so you do not have to untangle the deadlines yourself. If a TAP flight was delayed, cancelled, or overbooked, start a free assessment through our delayed-flight check, estimate the amount with the compensation calculator, or read the TAP compensation hub.
UK departures follow UK261 — and UK deadlines
If your flight departed a UK airport, it is not an EU261 claim: the retained UK version, UK261, applies, with compensation in sterling (GBP 220/350/520) and enforcement by the UK Civil Aviation Authority. Court claims there run on UK limitation law — six years in England and Wales, and a shorter period in Scotland. So a Lisbon-Heathrow flight is EU261, while the Heathrow-Lisbon return is UK261, and the two can carry different deadlines. See UK261 vs EU261: which rules apply.
FAQ — Frequently asked questions
Is there a single deadline for claiming from TAP?
No. EU261 sets no limitation period of its own, so the deadline comes from the national law of wherever the claim is brought — commonly reported periods run from about two years up to six years in England and Wales. Check the rule for your route rather than assuming one figure.
When does the clock start?
For a delay, cancellation, or denied boarding, the limitation period generally runs from the date of the disrupted flight. For baggage under the Montreal Convention, the two-year bar runs from the date the aircraft arrived or should have arrived.
Does the proposed nine-month claim window apply now?
No. The nine-month submission window and 30-day airline response deadline are part of a proposed reform of Regulation 261/2004 — a proposal, not yet in force. Until it is adopted, national limitation periods govern your TAP claim.
My TAP flight was three years ago. Is it too late?
Not necessarily. Some jurisdictions allow up to six years, and because you may be able to sue where the flight departed or arrived (C-204/08 Rehder), a claim out of time in one country can still be live in another. Check before assuming it has expired.
Is the deadline for a lost bag the same as for a delayed flight?
No. Baggage is separate and stricter: a fixed two-year limit under the Montreal Convention, plus early reporting requirements (a PIR at the airport, then a written claim within 7 days for damage or 21 days for delay).
Sources
This guide reflects the legal position in 2026: EU261 applies a three-hour arrival-delay threshold with compensation of EUR 250/400/600 and sets no limitation period of its own, so national deadlines apply and vary by jurisdiction. The proposed EU261 reform — a nine-month claim window and a 30-day airline response deadline — is not yet in force. This is general information, not legal advice; verify the deadline for your specific flight.