Missing a flight because of long queues at border control can be a frustrating situation, especially when the passenger arrives at the airport in advance and ends up stuck in a wait that they cannot control. But for the purposes of European air transport rules, this does not automatically mean entitlement to compensation.
The National Civil Aviation Authority (ANAC) has clarified that passengers who miss flights due to prolonged waiting times at border controls are not entitled to compensation or assistance under European Regulation 261/2004. The explanation comes after constraints registered at national airports, with greater expression in Lisbon.
ANAC removes automatic right to compensation
In written responses to Lusa, ANAC explained that “border control at national airports is not a competence” of the civil aviation regulator.
The authority highlighted that this responsibility lies with the competent authorities in matters of border control, in particular the Public Security Police, which ensures document verification procedures at airport border posts. In practice, this means that delays in queues at the border are not treated as a fault on the part of the airline.
Airline is not responsible for the queue
When asked who takes responsibility when a passenger misses a flight due to border control, ANAC was clear. According to the authority, “the air carrier is not responsible for situations beyond its control”, such as delays in border control. The regulator also reminds that passengers must arrive at the boarding gate at the time indicated by the airline.
This point is decisive. Even if the passenger is inside the airport, if they do not arrive at the boarding gate on time, the situation is not classified as denied boarding attributable to the carrier.
European regulation does not cover this case
ANAC also explained that failure to appear at the boarding gate in a timely manner does not constitute denied boarding under Regulation 261/2004, of February 11. For this reason, “there is no right to compensation or assistance under the Regulation”, clarified the authority.
This European regulation provides passengers’ rights in cases such as cancellations, long delays or denied boarding in certain circumstances. However, according to ANAC’s interpretation, a long queue at the border does not fall under this regime when it prevents the passenger from arriving at boarding on time.
Are there still ways to complain?
The absence of an automatic right to air compensation does not mean that the passenger is left without any option. ANAC indicated that, if passengers are dissatisfied with the performance of the entities involved in the loss of the flight, they can resort to judicial or extrajudicial means of resolving disputes.
This group may include entities such as the PSP, as the authority responsible for border control, or ANA, as the airport manager. Still, this path is different from asking the airline for compensation under European passenger rules.
Arriving early can be decisive
Given the constraints, ANAC recommends that passengers consult the air carrier and departure airport pages in advance. The objective is to confirm how far in advance it is necessary to arrive at the airport, as this recommendation may vary depending on the destination, type of flight and applicable control procedures. This indication is especially relevant on flights outside the Schengen Area, where passengers must go through border control.
New European systems at the origin of queues
Recent difficulties are related to the implementation of new European border management systems. At issue is, among others, the European Union Entry/Exit System, known by the acronym EES. This system replaced traditional stamps in the passport with digital records.
The European Travel Information and Authorization System, ETIAS, is also planned, another mechanism linked to the control of entry into the European space. Portugal began implementing the EES on October 12, 2025. However, in April this year, biometrics collection at exits from Lisbon, Porto and Faro airports was suspended at certain times due to longer-than-desired waiting times.
Lisbon has been the most affected airport
Currently, the biggest constraints are seen mainly at Lisbon airport. The long queues at border control have generated concern among passengers, companies and authorities. On Wednesday, the Prime Minister, Luís Montenegro, admitted to once again suspending, at least at critical times, the new border control system at airports.
Meanwhile, the Ministry of Internal Affairs announced that Lisbon airport will have more manual border control boxes from May 29, in an attempt to reinforce operational response and reduce waiting times. The PSP is also expected to reinforce airports with 360 police officers in July.
ANAC says it monitors impact at airports
Despite not having direct responsibility for border control, ANAC claims to monitor these matters on a permanent basis when they may affect the functioning of airport infrastructure and the quality of the service provided to passengers.
According to the authority, its intervention focuses on facilitating and monitoring the impacts that border control processes may have on airport operations. Among the aspects monitored are passenger flows, waiting times and the operational efficiency of airports.
What should you do before traveling?
Anyone who has a flight booked, especially to destinations outside the Schengen Area, must confirm the advance notice recommended by the airline and the airport. It is also prudent to follow operational warnings, check for constraints at the departure airport and arrive with additional margin during busy periods.
In the end, the rule of thumb is simple: if you miss your flight because of queues at border control, there is no automatic right to compensation or assistance under European rules applicable to airlines. Responsibility is not attributed to the carrier, and any complaint will have to follow other means, addressed to the entities responsible for the operation of the airport or border control.
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