TAP has been to the Court of Justice twice over what counts as an extraordinary circumstance, and the two rulings point in opposite directions. One helps the airline, one helps passengers. If TAP refuses your claim, there is a good chance one of them is relevant.
Which TAP flights are covered
TAP holds a Portuguese licence. EU261 therefore applies to:
- every flight leaving an EU or EEA airport, including Madeira and the Azores (Art. 3(1)(a), Regulation 261/2004);
- flights into the EU from outside it (Art. 3(1)(b)). That covers TAP’s long-haul arrivals in Lisbon and Porto from Brazil, Africa and North America;
- flights leaving the UK fall under UK261.
Two more regimes can sit alongside EU261. On departures from Brazil, ANAC Resolution 400 sets the assistance you get at the airport. On flights to or from the United States, US refund rules apply.
Good to know
You cannot be compensated twice for the same delay.
With a connection in Lisbon on one ticket, the delay is measured at your final destination (CJEU, Folkerts, C-11/11). See missed connection.
Amounts
TAP’s own help page gives the range for each band, the lower figure being the reduced amount when it reroutes you close to the original arrival time (Art. 7(2)):
| Flight distance | Full amount | Reduced amount |
|---|---|---|
| Up to 1,500 km | €250 | €125 |
| Within the EU over 1,500 km, and other flights of 1,500–3,500 km | €400 | €200 |
| Over 3,500 km | €600 | €300 |
You qualify when the flight is cancelled or arrives more than 3 hours late, as long as the cause was not extraordinary and, for cancellations, you were told less than 14 days ahead (Art. 5(1)(c)).
Good to know
A reform of EU261 adopted in 2026 keeps the three-hour threshold and the amounts; its new rules do not apply yet.
The two TAP rulings
Unruly passenger (C-74/19). A TAP flight was diverted because a passenger bit others and assaulted the crew, and the delay knocked on to the next rotation of the same aircraft.
The Court held that such behaviour can be extraordinary. But it added a condition: the airline must use all the resources at its disposal to reroute passengers at the earliest opportunity, including on other airlines. Putting you on its own next flight the following day is not automatically enough.
Death of the co-pilot (C-156/22 to C-158/22). A TAP flight from Stuttgart was cancelled after the co-pilot was found dead and the crew declared themselves unfit to fly. The Court held this was not extraordinary. Crew absence through illness or death is something an airline must plan for.
More on the test in extraordinary circumstances.
Where to file
TAP handles compensation through its online complaints form. Choose “Make a new complaint”; the same page lets you check the status of an existing one with your e-mail and complaint number.
TAP asks for:
- The names of the passengers.
- Flight number, date, origin and destination.
- Ticket numbers.
- Copies of invoices for any expenses.
- Proof of your bank account details.
Refunds are separate. If the flight was cancelled or delayed more than 5 hours and you chose not to travel, TAP has a dedicated refund page and returns the money to the original payment method.
Watch out
TAP says it does not reimburse costs incurred after arrival, car rental or parking.
If TAP refuses or does not reply
- ANAC. Portugal’s Autoridade Nacional da Aviação Civil is the enforcement body for flights departing Portugal. It asks you to complain to the airline first and to wait six weeks. Send its form with a copy of your complaint, the airline’s reply and the booking. Complaints are accepted in Portuguese and English. ANAC can sanction TAP but does not award compensation.
- Flights from the UK. The Civil Aviation Authority lists TAP Air Portugal as a member of AviationADR.
- Flights from another EU country. The enforcement body of the departure country is competent.
- Court. The European Small Claims Procedure covers cross-border claims in the EU up to €5,000 (Regulation (EC) No 861/2007).
Use our claim letter for a written demand.