FlightClaimGuide

Extraordinary Circumstances Explained (2026)

Learn when airlines can legally refuse compensation under EU261 and UK261, and when “extraordinary circumstances” are simply used as an excuse.

In this guide

  1. 1. What Are Extraordinary Circumstances?
  2. 2. Why Extraordinary Circumstances Matter
  3. 3. Common Extraordinary Circumstances
  4. 4. Situations That Are NOT Extraordinary
  5. 5. Important Court Decisions
  6. 6. Who Must Prove Extraordinary Circumstances?
  7. 7. Common Airline Excuses
  8. 8. How To Challenge An Extraordinary Circumstances Rejection
  9. 9. Related Guides
  10. 10. FAQ

What Are Extraordinary Circumstances?

EU261 and UK261 allow airlines to refuse compensation in exceptional situations. But the exemption is not automatic. Two conditions must both be met:

Condition 1: Outside Airline Control

The event must not be inherent in the normal exercise of the airline's activity. It must be beyond the airline's actual control — something the airline could not prevent through its own actions or decisions.

Condition 2: Reasonable Measures Taken

The airline must prove it took all reasonable measures to avoid the disruption. This means deploying reserve aircraft, re-routing passengers, or repositioning crew — anything within its power that does not require “intolerable sacrifices.”

An event is not automatically extraordinary just because it was unexpected. Airlines must also prove they took all reasonable measures to avoid the disruption. Both conditions must be satisfied — not just one.

Why Extraordinary Circumstances Matter

This single concept determines whether you receive compensation or walk away with nothing. If the airline successfully proves extraordinary circumstances, there is no EU261 or UK261 compensation. If they cannot, you may be entitled to up to €600.

SituationCompensation?
Extraordinary Circumstances ProvenNo
Extraordinary Circumstances Not ProvenYes — Up To €600

The difference is significant. A family of four on a long-haul flight could lose out on €2,400 if they accept an extraordinary circumstances rejection without challenging it.

Common Extraordinary Circumstances

These are events that courts have consistently accepted as extraordinary circumstances. If your flight was directly affected by any of these, compensation is unlikely — but the airline still owes you care obligations (meals, accommodation, re-routing).

EventExtraordinary?
Severe weather✅ Yes
Airport closure✅ Yes
Air traffic control strike✅ Yes
Security threat✅ Yes
Political unrest✅ Yes
Volcanic ash cloud✅ Yes
Bird strike✅ Usually Yes
Medical emergency✅ Usually Yes

Note: even for these events, the airline must still prove it took all reasonable measures. A bird strike may be extraordinary, but if the airline then caused additional delay by failing to arrange a replacement aircraft promptly, that portion of the delay may be compensable.

Situations That Are NOT Extraordinary

These are the situations airlines most commonly misclassify as extraordinary. Courts have consistently ruled that they are not. If your flight was disrupted for any of these reasons, you are likely entitled to compensation.

EventExtraordinary?
Technical fault❌ No
Crew shortage❌ No
Staff scheduling error❌ No
Aircraft rotation problems❌ No
Maintenance delays❌ No
Lack of spare parts❌ Usually No
Operational problems❌ No
Late incoming aircraft❌ Usually No

This is where most passengers lose out. Airlines routinely classify technical faults, crew shortages, and operational problems as “extraordinary.” They are not. Courts have ruled on this repeatedly — and the rulings are in the passenger's favour.

Important Court Decisions

These are the landmark rulings that define what counts as extraordinary circumstances. If your airline rejected your claim, these decisions are your strongest arguments.

2008 — C-549/07

Wallentin-Hermann v Alitalia

The foundational ruling. The European Court of Justice established the two-part test for extraordinary circumstances: the event must not be inherent in the airline's normal activity, and it must be beyond the airline's actual control. The court found that routine technical faults — including engine defects discovered during maintenance — are inherent in normal airline operations and therefore not extraordinary. Both conditions must be met for the airline to be exempt from compensation.

Passenger won

2017 — C-315/15

Pešková v Travel Service

The ECJ held that a bird strike is not intrinsically linked to the operating system of the aircraft and is therefore not inherent in the airline's normal activity. This means bird strikes can qualify as extraordinary circumstances — a rare win for airlines. However, the court also clarified that the airline must still prove it took all reasonable measures to avoid the disruption, including after the bird strike occurred. Additional delays caused by the airline's own decisions (such as unnecessary extra inspections) may still be compensable.

Airline defence accepted — with limits

2018 — C-195/17

Krüsemann v TUIfly

A “wildcat strike” by airline staff following a surprise restructuring announcement was not an extraordinary circumstance. The ECJ ruled that the social consequences of management decisions — including staff refusing to work — are inherent in the normal exercise of an airline's activity. This ruling is significant because it extends the extraordinary circumstances test beyond technical faults to labour disputes.

Passenger won

2014 — C-394/14

Siewert v Condor

The ECJ ruled by reasoned order that damage caused by a third party — in this case, mobile boarding stairs colliding with an aircraft — is not an extraordinary circumstance. The court found that mobile stairs are indispensable to air transport and that airlines are regularly faced with situations arising from their use. A collision of this kind is inherent in the normal exercise of an airline's activity. The ruling reinforces that even damage caused by third-party equipment does not automatically qualify as extraordinary.

Passenger won

Court decisions consistently require airlines to prove both extraordinary circumstances and reasonable mitigation efforts. The burden of proof never shifts to the passenger.

Who Must Prove Extraordinary Circumstances?

This is one of the most misunderstood aspects of EU261 and UK261. The burden of proof is on the airline — not the passenger.

You do not need to prove that the delay was the airline's fault. The airline must prove that it was not.

The airline must provide:

  • •
    Operational reports — Showing the specific event that caused the disruption
  • •
    Weather records — METAR reports confirming actual conditions at the relevant airport and time
  • •
    ATC notices — Official air traffic control restrictions or flow management decisions
  • •
    Maintenance records — Documenting the technical issue and the airline's response

If the airline cannot provide this evidence, its extraordinary circumstances defence may be invalid. A generic rejection letter citing “operational reasons” or “adverse weather” without supporting documentation is not sufficient proof. Courts and ADR bodies regularly overturn rejections where the airline's evidence is vague or absent.

Common Airline Excuses

Airlines use a predictable set of phrases to reject claims. Here is what they say — and what the law actually says.

Airline says: “Technical Issue”

Reality: Usually not extraordinary. The ECJ ruled in Wallentin-Hermann that technical faults are inherent in normal airline operations. The only narrow exception is a hidden manufacturing defect affecting an entire fleet type.

Airline says: “Crew Unavailable”

Reality: Normally airline responsibility. Crew sickness, scheduling errors, and understaffing are all within the airline's control. Airlines are expected to maintain reserve crew and contingency plans.

Airline says: “Operational Problems”

Reality: Almost never extraordinary. Aircraft rotation issues, scheduling failures, and late incoming aircraft are operational decisions within the airline's control. Courts have consistently rejected the argument that operational problems qualify as extraordinary.

Airline says: “Aircraft Not Available”

Reality: Usually internal operations. If the aircraft is unavailable because of a previous delay, maintenance, or scheduling issue, this is the airline's responsibility. The airline must prove the unavailability was caused by a genuine extraordinary event — not just operational mismanagement.

Airline says: “Bad Weather”

Reality: Must directly affect your specific flight. If the weather has cleared, or the weather was at a different airport, or the delay is caused by knock-on effects the airline should have managed, compensation may still be due. Ask for METAR reports and NOTAM records.

Airline says: “Air Traffic Restrictions”

Reality: The airline must provide evidence. If ATC imposed restrictions because of weather or staffing at a different airport, the airline must prove a direct connection to your flight. Generic references to "ATC restrictions" without specifics are not sufficient.

Why travellers skip claim companies

Compensation

€600

Claim Company

€390

You lose €210

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€591

You keep €201 more

Extraordinary circumstances rejections are the most common — and the most commonly overturned. Our claim package includes court citation templates and evidence request guides.

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How To Challenge An Extraordinary Circumstances Rejection

1

Request Evidence

Ask the airline for specific evidence supporting their extraordinary circumstances claim. What exactly happened? When? Where? Request METAR reports, NOTAM records, maintenance logs, or operational reports. If they cannot provide this, their defence is weak.

2

Ask For Specific Cause

Do not accept vague references to "operational reasons" or "adverse weather." The airline must identify the specific event and explain how it directly caused your flight's disruption. A general statement is not sufficient proof under EU261.

3

Check Court Precedents

Compare the airline's reason against established court decisions. If they cite a technical fault, reference Wallentin-Hermann. If they cite crew issues, reference Krüsemann. If they cite weather, ask whether the weather was still active at the time of your flight. These precedents are binding on national courts and ADR bodies.

4

Challenge Unsupported Claims

If the airline's evidence does not satisfy both conditions — outside their control AND reasonable measures taken — challenge the claim. Point out that the burden of proof is on the airline. Cite the relevant ECJ ruling. Request they demonstrate specifically what reasonable measures they took.

5

Escalate To ADR

If the airline still refuses, escalate to an ADR body — CEDR for UK departures, SÖP for Germany, or your national enforcement body. ADR decisions on extraordinary circumstances claims frequently go in the passenger's favour, particularly when the airline's evidence is vague or absent.

6

Use Airline-Specific Claim Package

Our claim packages include court citation templates, evidence request forms, and escalation guidance tailored to each airline's common rejection tactics.

Frequently Asked Questions

What counts as extraordinary circumstances?
Under EU261 and UK261, extraordinary circumstances are events that meet two conditions: the event was outside the airline's actual control, and the airline took all reasonable measures to avoid the disruption. Examples include severe weather, air traffic control strikes, security threats, volcanic ash clouds, and bird strikes. Technical faults, crew shortages, and operational problems do not qualify.
Do airlines have to prove extraordinary circumstances?
Yes. The burden of proof is on the airline, not the passenger. The airline must demonstrate that the extraordinary circumstance existed, that it directly caused the delay or cancellation, and that all reasonable measures were taken to avoid the disruption. A vague reference to "extraordinary circumstances" without supporting evidence is legally insufficient.
Is bad weather always extraordinary?
No. Severe weather that directly affects your flight — such as a snowstorm closing the runway, or a hurricane making flying unsafe — is extraordinary. But if the weather has cleared, or the weather was at a different airport, or the delay is caused by knock-on effects the airline should have managed (crew positioning, aircraft rotation), compensation may still be due. The airline must prove the weather directly caused your specific delay.
Are technical faults extraordinary?
No. The European Court of Justice ruled in Wallentin-Hermann v Alitalia (2008) that routine technical faults are not extraordinary circumstances. Technical problems are inherent in the normal operation of an airline. This includes engine failures, hydraulic problems, electrical faults, and software malfunctions. The only narrow exception is a hidden manufacturing defect that affects an entire fleet type and was unknown to the airline.
Is crew shortage extraordinary?
No. Crew shortages — whether caused by sickness, scheduling errors, or understaffing — are the airline's responsibility. Airlines are expected to maintain reserve crew and contingency plans. The European Court of Justice has consistently found that staffing issues are within the airline's control and do not qualify as extraordinary circumstances.
Are airline strikes extraordinary?
Usually no. The ECJ ruled in Airhelp v SAS (2021) that strikes by an airline's own employees — including union-organised strikes — are not extraordinary circumstances. Labour disputes are inherent in the normal exercise of an airline's activity. However, strikes by external parties (air traffic control, airport security, border control) are generally treated as extraordinary.
Can I challenge an extraordinary circumstances rejection?
Yes, and you should. Many extraordinary circumstances rejections do not hold up under scrutiny. Request specific evidence from the airline. Check whether the event truly meets both conditions (outside airline control + reasonable measures taken). Cite relevant court decisions. If the airline cannot provide adequate evidence, escalate to an ADR body. ADR decisions frequently overturn vague extraordinary circumstances rejections.
What evidence should airlines provide?
Airlines should provide specific, verifiable evidence such as: METAR weather reports for the relevant airport and time, NOTAM records, airport closure notices, ATC restriction notices, maintenance records, operational reports, and crew scheduling documents. A generic statement citing "operational reasons" or "adverse weather" without supporting documentation is not sufficient proof.
How often do airlines misuse extraordinary circumstances?
Frequently. Airlines routinely cite extraordinary circumstances for delays that are actually caused by operational issues. Technical faults are the most commonly misclassified — airlines claim they are "unexpected" or "safety-related" when courts have clearly established they are not extraordinary. Crew shortages and scheduling problems are also regularly misclassified. Studies and ADR data suggest that a significant proportion of extraordinary circumstances rejections are overturned on appeal.
Can I still claim compensation?
Yes. If the airline's extraordinary circumstances defence does not meet both legal conditions — the event was outside their control AND they took all reasonable measures — you are entitled to compensation. Many passengers accept rejections without challenging them. If your flight was delayed by 3+ hours or cancelled, and the reason was a technical fault, crew shortage, or other operational issue, you likely have a valid claim even if the airline initially rejects it.

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Disclaimer

This guide is provided for informational purposes only. FlightClaimGuide does not provide legal advice and recommends seeking independent professional advice for complex legal matters.