Extraordinary circumstances

"Extraordinary circumstances" is the most common reason airlines give for refusing compensation. It is a narrow defence, and the airline has to prove it.

The test

Under Article 5(3) of Regulation 261/2004, an airline does not owe compensation if the cancellation or delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The CJEU applies two conditions, and both must be met:

1. The event is not inherent in the normal exercise of the airline's activity, by its nature or origin.
2. It is beyond the airline's actual control.

Then the airline must also show it took all reasonable measures, including planning a reasonable time reserve (C-294/10 Eglītis). Only the part of the delay caused by the extraordinary event counts (C-315/15 Pešková).

Usually extraordinary

• Weather incompatible with safe operation of the flight (recital 14).
• Air traffic management decisions, such as slot restrictions (recital 15).
• Political instability and security risks (recital 14).
• Strikes outside the airline, such as air traffic controllers or airport staff (C-28/20, para. 42).
• A bird strike (C-315/15 Pešková).
• A hidden manufacturing defect revealed by the manufacturer or an authority, or sabotage or terrorism (C-549/07).

Usually not extraordinary

• Technical problems, including unexpected component failures (C-549/07 Wallentin-Hermann; C-257/14 van der Lans).
• Damage from airport equipment such as mobile boarding stairs (C-394/14 Siewert).
• Strikes by the airline's own staff (EU: C-195/17 Krüsemann; C-28/20 Airhelp v SAS. UK: Civil Aviation Authority v Ryanair [2022] EWCA Civ 76). See is a strike extraordinary?
• Being bumped from a flight, whatever the reason (C-22/11 Finnair).

Care is owed either way

Even when circumstances are extraordinary, the airline must still provide care (C-12/11 McDonagh): for a cancellation, from the moment you are rebooked; for a delay, once your departure is 2 hours or more late (1,500 km or less), 3 hours or more (intra-EU over 1,500 km, or other flights over 1,500 km up to 3,500 km) or 4 hours or more (other flights). Care means meals and refreshments, and a hotel with transport if you have to stay overnight (Art 5(1)(b), Art 6(1), Art 9). Keep your receipts.

How to challenge it

1. Ask the airline in writing for the specific event, when it happened, and which flight it affected.
2. Ask what reasonable measures it took, such as a spare aircraft or crew.
3. Check whether other flights from the same airport left on time.
4. If it still refuses, escalate. UK flights go to ADR or the CAA; EU flights to the national enforcement body where the incident happened, then court. See the rules hub.

The My Flight Money claim dashboard has prefilled rebuttal letters for each common reason.

Canada is different

APPR uses three categories rather than this test. Weather, air traffic control, security, airport operations and labour disruptions (including the airline's own staff) are outside the airline's control under s.10(1), so no compensation is due. The airline must still rebook you, and if it cannot get you on a flight leaving within 48 hours you can choose a refund instead (s.10(3), s.18(1.1)). See APPR rules.

From 23 October 2027

Regulation 2026/2202 adds an annex listing events that count as extraordinary, including weather, air traffic management decisions, strikes at airport or air navigation providers, and some third-party damage. It keeps the requirement that the airline took all reasonable measures, and it puts the burden of proof on the airline.