EU261 vs. SHY-PASS
⚡ Key Takeaways for EU261 vs. SHY-PASS
- Geography Rule: Departing FROM the EU? Use EU261. Departing FROM Turkey to the EU on Turkish Airlines? You MUST use SHY-PASS.
- Compensation Tiers: EU261 pays in Euros (€250-€600); SHY-PASS often pays in TRY equivalent or fixed amounts for domestic legs.
- Statute of Limitations: You have 6 years in the UK, 3 years in Germany, but only 2 years to sue in Turkey under SHY-PASS.
The Jurisdictional Tug-of-War
Turkish Airlines occupies a unique position in global aviation. It is a non-EU carrier that operates hundreds of daily flights into and out of the European Union, while maintaining its massive hub in Istanbul, Turkey. Because Turkey is not an EU member state, its aviation sector is governed by its own strict regulations, known specifically as SHY-PASS (Directive on Passenger Rights). Simultaneously, any flight touching EU soil falls under the shadow of the famously robust European Regulation 261/2004 (EU261).
This intersection creates a complex "jurisdictional clash." When your Turkish Airlines flight is delayed or cancelled, determining whether you are protected by EU261 (which pays out in Euros up to €600) or SHY-PASS (which often pays in Turkish Lira equivalents or offers different care standards) depends entirely on your exact flight route and the direction of travel.
When Does EU261 Apply to Turkish Airlines?
Because Turkish Airlines is not a "Community Carrier" (it is not headquartered within the European Union), the application of EU261 is strictly limited to departures from the EU.
- Covered: A flight departing from Paris (CDG) to Istanbul (IST). Because the flight physically originated inside the EU, Turkish Airlines must fully comply with EU261 for this leg.
- Not Covered: A flight departing from Istanbul (IST) to Paris (CDG). Even though the destination is in the EU, the operating carrier is non-EU. Therefore, EU261 does not apply to this specific leg.
When Does SHY-PASS Apply?
The SHY-PASS regulation is Turkey’s equivalent to EU261. It was designed to offer similar protections, but it contains distinct differences in compensation amounts, time limits, and enforcement mechanisms. SHY-PASS acts as the default safety net when EU261 does not apply.
- All Domestic Flights: Flights within Turkey (e.g., Istanbul to Antalya) are exclusively governed by SHY-PASS.
- Departures from Turkey: Flights leaving Turkey heading anywhere in the world (e.g., Istanbul to London, or Istanbul to New York) fall strictly under SHY-PASS.
The Connecting Flight Dilemma (The ECJ Rulings)
The most confusing scenario for passengers involves connecting flights through Istanbul. Suppose you fly from Frankfurt (FRA) to Istanbul (IST), and connect onward to Bangkok (BKK), all on a single Turkish Airlines ticket. If the delay occurs on the second leg (IST to BKK), are you still covered by EU261?
The European Court of Justice (ECJ) has ruled clearly on this: Yes. As long as your journey originated in an EU member state and was booked as a single reservation under one ticket number, EU261 applies to the entire multi-leg journey, even if the disruption physically occurs outside the EU on a non-EU carrier's aircraft.
Double Dipping is Prohibited
It is important to note that international aviation law prevents passengers from claiming compensation twice for the same disruption. You cannot receive €600 under EU261 and then immediately file a secondary claim under SHY-PASS for the equivalent TRY amount. Once you accept compensation under one legal framework, you waive your right to claim under the other. It is the job of AirAdvisor's legal team to determine which regulation yields the highest payout and file the claim accordingly.
Written & Legally Reviewed by Anton Radchenko
Anton is the CEO and Lead Aviation Attorney at AirAdvisor. With over a decade of experience, he has successfully secured compensation for over 250,000 passengers against major airlines globally.