Regulation (EC) 261/2004 governing the rights of airline passengers is applicable in all Member States of the European Union. Switzerland, Norway and Iceland have also formally adopted this Regulation, so wherever the EU is referred to, this also includes those three countries.
Passengers rights apply to all flights:
- departing from an EU airport
- departing from a third country to the EU and operated by an EU airline
Note: if your flight was not operated by an EU airline and its airport of departure was not within the EU, then Regulation (EC) 261/2004 is not applicable.
The FOCA deals with all cases involving departure from a Swiss airport and departure from a third country airport with Switzerland as direct destination. All other cases have to be dealt with by the National Enforcement Board in the country concerned. As a rule it is the National Enforcement Board in the country of departure that is responsible for dealing with such claims against airlines.
If your case concerns a flight for which the FOCA is not responsible, you can either contact the National Enforcement Board in the corresponding country, or send all the necessary documentation to the FOCA, which will be pleased to pass it on to the relevant national authority on your behalf. You can obtain a list of all National Enforcement Boards by clicking on the link below.