Explainers
"Extraordinary circumstances": what really counts
The airline’s main escape route — and the case law that decides when it actually applies.
Legal referenceArt. 5(3); Wallentin-Hermann C-549/07
"Extraordinary circumstances" is the defence airlines reach for first. It means events that are outside the carrier’s actual control and not inherent in the normal exercise of its activity. Crucially, the airline has to prove it — a bare assertion is not enough.
Usually accepted
- Extreme weather that makes the flight unsafe
- A genuine air-traffic-control or airport strike (third-party, not the airline’s own staff)
- Political instability or a security risk
- A bird strike (Pešková, C-315/15)
- A hidden manufacturing defect flagged by the maker or authorities
Usually NOT accepted
- Technical or mechanical faults found in normal maintenance (Wallentin-Hermann, C-549/07)
- A strike by the airline’s own staff (Krüsemann, C-195/17)
- Crew-scheduling and operational decisions
- Knock-on delays from an earlier rotation the airline chose to run
And remember: even when extraordinary circumstances genuinely apply and no cash is owed, your right to care under Art. 9 does not disappear.
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