Extraordinary circumstances: when an airline can refuse EU261 compensation
Airlines turn down many claims by citing “extraordinary circumstances”. Often that is not the last word: the exception is narrow, and it is the airline that has to prove it.
What the rule says
An airline does not owe compensation if it proves that the delay or cancellation was caused by extraordinary circumstances that could not have been avoided even if every reasonable measure had been taken (Regulation 261/2004, Article 5(3)).
It has to prove both: the event, and that it did everything reasonable to limit its effects, including getting you to your destination another way (TAP, C-74/19).
Usually not extraordinary
- Technical faults, even sudden ones, found during maintenance or on the day (Wallentin-Hermann, C-549/07; van der Lans, C-257/14).
- A strike by the airline’s own staff, including one called by a union (Krüsemann, C-195/17; Airhelp v SAS, C-28/20).
- Missing or sick crew, even an unexpected absence (TAP, C-156/22).
In these cases compensation is normally due, if the other conditions are met: arriving 3 hours or more late at your destination, or a cancellation announced less than 14 days before.
Usually extraordinary
- Weather that makes flying unsafe, at either airport or on the route.
- Air traffic control restrictions, and strikes by air traffic controllers or airport staff.
- A bird strike (Pešková, C-315/15) or debris on the runway damaging the aircraft (C-501/17).
- Security risks, and a hidden manufacturing defect disclosed by the manufacturer or an authority (van der Lans, C-257/14).
- A passenger’s disruptive behaviour forcing a diversion, if the airline did not contribute to it and could not have foreseen it (TAP, C-74/19).
What you are owed anyway
Extraordinary circumstances only remove the compensation. Once the departure is 2 hours late (3 or 4 hours on longer flights), the airline still owes you meals and drinks while you wait, a hotel if the wait runs overnight and, on a cancellation, the choice between a refund and another flight.
If the airline cites extraordinary circumstances
Ask it to name the event and show the evidence: a generic “operational reasons” or “technical problem” is not enough.
If you disagree, the national enforcement body can review the case: the one of the country you departed from or, for a flight into the EU from outside, the one of the country you landed in. In the end there is a court.
Dueply asks which cause you were told and prepares a letter that answers it, with no commission.
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