Extraordinary Circumstances Explained
The legal test
An event is extraordinary if it is not inherent in the normal exercise of the airline's activity and is beyond its actual control. Even then, the airline must show it took all reasonable measures to avoid the delay.
Quick reference
| Cause | Status | Authority |
|---|---|---|
| Routine technical fault | Not extraordinary | Huzar v Jet2 [2014] |
| Hidden manufacturing defect (fleet-wide) | Can be extraordinary | Wallentin-Hermann C-549/07 |
| Bird strike | Extraordinary | Pešková C-315/15 |
| Airline staff / pilot strike | Not extraordinary | Airhelp v SAS C-28/20 |
| Air traffic control strike | Extraordinary | CAA guidance |
| Crew sickness / shortage | Not extraordinary | CAA guidance |
| Severe weather / volcanic ash | Extraordinary | McDonagh C-12/11 |
| Fuel spillage on runway | Extraordinary | Moens C-159/18 |
| Unruly passenger diversion | Extraordinary | LE v TAP C-74/19 |
| Security risk / airport closure | Extraordinary | Recital 14 EC 261/2004 |
What to do if the airline cites extraordinary circumstances
- Ask for specific evidence: technical logs, ATC slot messages, METAR weather reports.
- Ask what reasonable measures were taken (spare aircraft, standby crew).
- If unconvinced, escalate to the airline's ADR body — it's free.
Even when compensation isn't due, duty of care (meals, hotels, transfers) still applies.
Frequently asked questions
Is a technical fault an extraordinary circumstance?
Almost never. Huzar v Jet2.com (2014) and CJEU Wallentin-Hermann (C-549/07) confirm that technical problems inherent in normal operations are the airline's responsibility.
Are strikes extraordinary circumstances?
Strikes by the airline's own staff are not (CJEU Airhelp v SAS, C-28/20). Strikes by third parties such as air traffic controllers or airport security usually are.
Does bad weather always excuse the airline?
Only if the weather genuinely made the flight unsafe or caused restrictions. Ask the airline for evidence — weather elsewhere on a previous rotation may not be enough.
What about knock-on delays?
An airline can rely on an extraordinary event affecting an earlier flight by the same aircraft, but only if there is a direct causal link and it took reasonable measures (CJEU Germanwings, C-501/17; TAP C-74/19).