Strike Compensation (2026)

Can you claim compensation if your flight was delayed or cancelled because of a strike? Under EU261 and UK261, some strikes qualify while others do not.

What Is Strike Compensation?

Many passengers assume: strike = extraordinary circumstances = no compensation. This is not correct.

Over the past decade, the European Court of Justice has ruled repeatedly that not all strikes qualify as extraordinary circumstances. The key question is whether the strike was within the airline's control.

If the strike involves the airline's own employees — pilots, cabin crew, ground staff — it is usually considered part of the airline's normal operational risk. If the strike involves external parties — air traffic controllers, airport security, border control — it is more likely to be treated as extraordinary.

Important: A strike does not automatically remove your right to compensation. Internal airline strikes often qualify for compensation, while external strikes usually do not.

Can You Claim For A Strike?

The table below is the most important part of this guide. It shows which strike situations typically qualify for compensation — and which do not.

SituationEligible?
Cabin crew strikeUsually Yes
Pilot strikeUsually Yes
Airline staff strikeUsually Yes
Ground handling staff employed by airlineUsually Yes
Wildcat strikeOften Yes
Airport staff strike❌ Usually No
Air traffic control strike❌ Usually No
Security staff strike❌ Usually No
Border control strike❌ Usually No

The dividing line is clear: strikes by the airline's own people usually qualify. Strikes by external parties usually do not.

Which Strikes Qualify?

These are the types of strikes where courts have consistently found that compensation is due. If your flight was disrupted by any of these, you are likely entitled to claim.

Cabin Crew Strike

If the striking employees belong to the airline, the disruption is usually compensable. Cabin crew are directly employed by the airline and their labour disputes are part of the airline's operational risk. The 2021 ECJ ruling in Airhelp v SAS confirmed this.

Pilot Strike

Pilot strikes are labour disputes between the airline and its own employees. They are part of the normal risk of running an airline. The Airhelp v SAS case specifically involved a pilots' strike — and the court ruled in the passenger's favour.

Internal Staff Strike

Maintenance workers, ground handlers, customer service staff, dispatchers — if they are employed by the airline, their strike is usually compensable. The key is the employment relationship, not the job title.

Wildcat Strike

A wildcat strike is an unannounced, spontaneous walkout — typically not organised by a union. The 2018 ECJ ruling in Krüsemann v TUIfly found that even wildcat strikes by airline staff are not extraordinary circumstances. This is the ruling airlines fear most, because it removes their strongest defence.

Management Dispute Strike

When management decisions — restructuring, pay cuts, changed working conditions — trigger a staff walkout, the resulting disruption is usually compensable. Courts have found that the social consequences of management decisions are inherent in the airline's normal activity.

Which Strikes Do Not Qualify?

These strikes involve parties outside the airline's control. Compensation is unlikely in these situations — but the airline still owes you care obligations (meals, accommodation, re-routing).

Air Traffic Control Strike

French ATC strikes are the most common in Europe and routinely ground thousands of flights. German, Italian, and Spanish ATC strikes also occur regularly. Because ATC is operated by government agencies, these strikes are outside the airline's control and are treated as extraordinary circumstances.

Airport Staff Strike

Strikes by employees of the airport operator — not the airline — are generally not compensable. These workers are not employed by the airline, and the airline has no control over their labour disputes.

Security Staff Strike

Airport security screening is typically operated by contractors or government agencies. A strike by security staff prevents passengers from reaching their gates, but this is outside the airline's control.

Border Control Strike

Customs, immigration, and border control staff are government employees. Their strikes can prevent passengers from clearing border checks, but the airline cannot influence these decisions.

National Transport Strike

A nationwide transport strike — affecting railways, buses, and aviation simultaneously — is a broad industrial action that is clearly outside any single airline's control. These are treated as extraordinary circumstances.

The pattern: genuinely exempt strikes involve external parties — government agencies, airport operators, contractors. If the strikers are on the airline's payroll, compensation is usually due.

Important Court Decisions

These are the rulings that define whether strike-related disruptions qualify as extraordinary circumstances. If your airline rejected your claim, these decisions are your strongest argument.

2018 — C-195/17

Krüsemann v TUIfly

A “wildcat strike” by airline staff following a surprise restructuring announcement was not an extraordinary circumstance. The European Court of Justice 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 was the first major ECJ ruling to establish that airline staff strikes do not automatically qualify as extraordinary.

Passenger won

2021 — C-28/20

Airhelp v Scandinavian Airlines (SAS)

The Grand Chamber of the European Court of Justice ruled that a pilots' strike organised by trade unions — even when following all legal procedures and giving advance notice — is not an extraordinary circumstance. The court found that collective bargaining and labour relations are inherent in the normal exercise of an airline's activity. This ruling extends the Krüsemann principle: it does not matter whether the strike was spontaneous or planned, union-organised or wildcat — if it involves the airline's own employees, compensation is due.

Passenger won

Ongoing

Multiple National Court Decisions

Courts in the UK, Germany, the Netherlands, and France have all issued rulings consistent with the ECJ's position. National courts regularly find that airline staff strikes — whether by pilots, cabin crew, or ground staff — are not extraordinary circumstances. These decisions reinforce the principle established at EU level.

Consistent with ECJ

The strongest compensation cases usually involve strikes by the airline's own employees rather than airport or government workers. If your flight was disrupted by an airline staff strike, the law is firmly on your side.

Real Strike Compensation Examples

These examples show how compensation maps to real routes and real strike situations.

RouteDelayCauseCompensation
London → Madrid4hCabin crew strike€250
Paris → Rome3.5hPilot strike€250
Berlin → LisbonCancelledInternal staff strike€400
Amsterdam → Athens6hCrew walkout€400
London → New YorkCancelledAirline employee strike€600

In each of these cases, the strike involved the airline's own employees — and in each case, the passenger was entitled to compensation.

Why Airlines Reject Strike Claims

Airlines use the same set of phrases to reject strike claims. Here is what they say — and why it usually does not hold up.

Airline says: “Extraordinary Circumstances

Reality: Internal strikes are often not extraordinary. The ECJ has ruled twice — in Krüsemann v TUIfly and Airhelp v SAS — that airline staff strikes do not qualify as extraordinary circumstances. Simply labelling a strike "extraordinary" does not make it so.

Airline says: “Industrial Action

Reality: The label itself does not determine eligibility. "Industrial action" is a broad term that covers everything from a full pilots' strike to a work-to-rule. What matters is who is taking the action, not what it is called.

Airline says: “Operational Disruption

Reality: Operational problems caused by airline staff disputes can still qualify for compensation. The fact that the disruption affected the airline's operations does not make it extraordinary — it makes it the airline's responsibility.

Airline says: “Unavoidable Event

Reality: Courts often disagree when the strike involves airline employees. The Airhelp v SAS ruling made clear that even a legally organised, pre-announced union strike by airline pilots is not unavoidable in the legal sense — it is inherent in the airline's normal activity.

Compensation comparison

Compensation

€600

Claim Company

€390

You lose €210

FlightClaimGuide

€591

You keep €201 more

Strike claims are among the most commonly rejected — and the most commonly overturned on appeal. Our claim package includes rejection-response templates and escalation guidance.

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How To Claim Strike Compensation

1

Verify Strike Cause

Find out exactly who was striking. Was it airline staff (pilots, cabin crew, ground handlers) or external parties (ATC, airport security, border control)? This determines whether your claim is likely to succeed.

2

Check Eligibility

Use the eligibility table above. If the strike involved the airline's own employees, you are likely entitled to compensation. If it involved external parties, compensation is unlikely — but the airline still owes you care and re-routing.

3

Gather Evidence

Save your boarding pass, booking confirmation, and any communications from the airline. If the airline mentions a "staff strike" or "industrial action by our employees", that is evidence in your favour.

4

Submit Airline Claim

File your claim directly with the airline. Cite EU261 or UK261, state the compensation amount, and reference the Airhelp v SAS ruling if they cite the strike as extraordinary.

5

Escalate If Rejected

If the airline rejects your claim, escalate to an ADR body — CEDR for UK departures, SÖP for Germany, or your national enforcement body. ADR decisions on airline staff strike claims frequently go in the passenger's favour.

6

Use Airline-Specific Claim Package

Our claim packages include rejection-response templates and escalation guidance tailored to each airline's common tactics for rejecting strike claims.

Related Guides

Frequently Asked Questions

Can I claim compensation for a strike?
It depends on who is striking. If the strike involves the airline's own employees — pilots, cabin crew, ground staff — you can usually claim compensation. If the strike involves external parties like air traffic controllers, airport security, or border control, compensation is unlikely. The key question is whether the strike was within the airline's control.
Are airline strikes covered by EU261?
Yes. The European Court of Justice ruled in 2021 (Airhelp v SAS, C-28/20) that strikes by an airline's own employees are not extraordinary circumstances. This means passengers affected by airline staff strikes are entitled to compensation under EU261 — even if the strike was organised by a trade union and followed all legal procedures.
Are airport strikes covered?
Usually no. Strikes by airport staff — such as baggage handlers employed by the airport, check-in staff employed by a ground handling company, or airport security — are generally considered outside the airline's control. These are treated as extraordinary circumstances, and compensation is unlikely.
Are air traffic control strikes covered?
No. Air traffic control strikes are one of the clearest examples of extraordinary circumstances. ATC is operated by government agencies, and airlines have no control over ATC staffing decisions. French ATC strikes are the most common in Europe and routinely disrupt thousands of flights — but compensation is not payable.
What is a wildcat strike?
A wildcat strike is an unannounced, spontaneous strike by workers — typically not organised by a trade union and without the advance notice required by law. The European Court of Justice ruled in Krüsemann v TUIfly (C-195/17, 2018) that even wildcat strikes by airline staff are not extraordinary circumstances. This is because the social consequences of management decisions — including staff walking out — are inherent in the airline's normal activity.
Does cabin crew strike qualify?
Yes. A cabin crew strike involves the airline's own employees and is directly related to the airline's operations. The 2021 ECJ ruling in Airhelp v SAS confirmed that strikes by airline staff — including cabin crew — are not extraordinary circumstances. Compensation is payable under EU261 and UK261.
Does pilot strike qualify?
Yes. The Airhelp v SAS case specifically involved a pilots' strike, and the ECJ ruled in the passenger's favour. Pilot strikes are labour disputes between the airline and its own employees. They are part of the normal risks of running an airline and do not qualify as extraordinary circumstances.
Can I claim for a cancelled flight due to strike?
Yes. The same rules apply to cancellations as to long delays. If your flight was cancelled because of an airline staff strike, you are entitled to compensation under EU261 or UK261 — provided the cancellation was not caused by extraordinary circumstances. Airline staff strikes almost never qualify as extraordinary.
What if the airline rejects my claim?
Escalate. Airlines routinely reject strike-related claims, but these rejections often do not hold up. File a complaint with an ADR body — CEDR for UK departures, SÖP (Schlichtungsstelle für den öffentlichen Personenverkehr) for Germany, or your national enforcement body. ADR decisions on airline staff strike claims frequently go in the passenger's favour.
How much compensation can I get?
Under EU261 and UK261: €250/£220 for flights up to 1,500 km, €400/£350 for flights between 1,500 and 3,500 km, and €600/£520 for flights over 3,500 km. The amount depends on flight distance and whether your flight was delayed by 3+ hours or cancelled, not on the type of strike.

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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.