Is a strike an extraordinary circumstance?

It depends on whose strike it was, and which rules apply to your flight. The own-staff advice below is for EU261 and UK261 flights only; Canadian APPR flights follow different rules.

Own-staff strikes under EU261: the CJEU rulings

Krüsemann (C-195/17), 17 April 2018

After the airline (TUIfly) made a surprise announcement of restructuring, its flight staff staged a "wildcat strike" organised by the employees themselves rather than a union. The Court held this was not an extraordinary circumstance. Disputes with staff are part of an airline's normal activity, and the strike was triggered by the airline's own decision. A strike is not automatically extraordinary just because recital 14 mentions strikes; each case is assessed on the two conditions.

Airhelp v SAS (C-28/20), Grand Chamber, 23 March 2021

SAS pilots went on a lawful strike called by their unions over pay, with proper notice. The Court held that a strike by the airline's own staff, connected to demands about their employment that can be handled through dialogue within the company, is not an extraordinary circumstance. That is the situation in pay negotiations. The Court added (para. 42) that strikes external to the airline, by air traffic controllers or airport staff for example, may be extraordinary.

UK flights: Civil Aviation Authority v Ryanair

Airhelp v SAS was decided after the end of the Brexit transition period, so it does not bind UK courts (European Union (Withdrawal) Act 2018, s.6). For UK261 the leading case is Civil Aviation Authority v Ryanair DAC [2022] EWCA Civ 76. The Court of Appeal held that a strike by Ryanair's own pilots in 2018 was not an extraordinary circumstance, confirming the High Court ([2021] EWHC 1476 (Ch)). Krüsemann (2018) was decided before the UK left the EU and remains part of UK case law.

Air traffic control and airport strikes (EU261 and UK261)

Because they are external, these are usually extraordinary under EU261 and UK261. Two points still matter:

• The airline must show the strike actually caused your delay, and that it took reasonable measures such as rerouting around the affected airspace where feasible.
• Under EU261 and UK261 you are still owed care (meals, and a hotel if you stay overnight) once your departure is 2, 3 or 4 hours late depending on distance, or while you wait for a replacement after a cancellation (Art 5(1)(b), Art 6(1), Art 9; C-12/11 McDonagh).

What changes from 23 October 2027

Regulation 2026/2202 lists strikes at essential service providers (airport, air navigation, ground handling the airline does not choose) as extraordinary. Strikes at the operating airline count only where they originate from demands that only public authorities can satisfy. In practice, ordinary pay disputes at the airline remain within its responsibility.

What to do if the airline said "strike"

1. Ask in writing: whose staff struck, and on which dates?
2. If it was the airline's own staff, cite C-195/17 and C-28/20 for EU261 claims, or Civil Aviation Authority v Ryanair [2022] EWCA Civ 76 and C-195/17 for UK261 claims. For a flight covered only by Canada's APPR, this does not help: any labour disruption is outside the airline's control (s.10(1)(j)), so ask for rebooking or a refund instead (s.10(3), s.18). If both APPR and EU261 or UK261 cover your flight, claim under EU261 or UK261.
3. If it was air traffic control, ask what reasonable measures were taken and whether other airlines' flights operated.
4. Use the checker to see your amount and deadline.

Last updated: 2026-10-16