Technical Fault Compensation (2026)

Can you claim compensation when an airline says the delay was caused by a technical problem? Often, yes. Under EU261 and UK261, most routine technical faults do not remove the airline's obligation to pay compensation.

Updated June 20268 minute read

What Is Technical Fault Compensation?

Airlines often cite a technical fault as the reason for a flight delay or cancellation — and then tell passengers this means no compensation is due. That is not what the law says.

EU261 and UK261 do not state that a technical fault removes the airline's obligation to pay. The legal test is whether the event was an extraordinary circumstance that the airline could not have avoided even with all reasonable measures. Most routine technical problems fail that test.

Routine maintenance issues

Airline is responsible. Compensation applies.

Genuine manufacturer recall

May qualify as extraordinary. Compensation unlikely.

Important: A technical fault does not automatically remove your right to compensation. The European Court of Justice has repeatedly ruled that routine technical problems are part of normal airline operations.

Can You Claim For A Technical Fault?

SituationEligible?
Engine component failure✅ Usually Yes
Hydraulic problem✅ Usually Yes
Electrical fault✅ Usually Yes
Software malfunction✅ Usually Yes
Aircraft maintenance issue✅ Usually Yes
Manufacturing defect recall❌ Usually No
Hidden safety defect affecting entire fleet❌ Usually No
Terrorism-related safety issue❌ Usually No

Which Technical Problems Qualify?

These are routine issues that courts have consistently classified as part of normal airline operations. If your delay was caused by any of these, you are likely entitled to compensation.

Engine Fault

Unexpected engine issues are generally considered part of airline operations. Wear and tear on engine components is a foreseeable risk that airlines must manage through regular maintenance programmes.

Hydraulic Problems

Maintenance-related hydraulic failures usually remain within airline responsibility. Hydraulic systems require routine inspection and servicing — a failure here is rarely extraordinary.

Electrical System Failures

Airlines are expected to maintain aircraft electrical systems. A wiring fault, power distribution issue, or avionics failure is part of the operational risk of running flights.

Software Or Computer Errors

Routine system failures — flight management software glitches, navigation computer errors, or instrument calibration issues — are rarely extraordinary circumstances.

Maintenance Errors

Mistakes by airline engineers, missed inspection deadlines, or incorrect repairs remain the airline's responsibility. Poor maintenance does not become extraordinary just because it caused a delay.

Which Technical Problems Do NOT Qualify?

These are the narrow exceptions where a technical issue may genuinely qualify as extraordinary. The airline still bears the burden of proof — and must show it took all reasonable measures.

Manufacturer Recall

Aircraft-wide recalls issued by manufacturers (such as the Boeing 737 MAX grounding) may qualify as extraordinary. If a regulator orders all aircraft of a type to be grounded, the airline cannot operate the flight regardless of its own maintenance standards.

Hidden Manufacturing Defect

A defect affecting an entire aircraft type that was not previously known and could not have been discovered through normal maintenance may remove compensation liability. This is a narrow exception acknowledged in the Wallentin-Hermann ruling.

Aviation Authority Grounding

Mandatory grounding orders issued by aviation regulators (EASA, FAA, CAA) that apply to an entire fleet are generally outside the airline's control. These are treated similarly to airport closures.

Sabotage Or Security Incidents

If a technical problem was caused by sabotage, terrorism, or a security breach, this is outside the airline's normal activity and beyond its actual control. These events are normally exempt from compensation.

Important EU Court Rulings

These are the court decisions that define whether technical faults qualify as extraordinary circumstances. If your airline rejected your claim, these rulings are your strongest weapon.

2008 — C-549/07

Wallentin-Hermann v Alitalia

The European Court of Justice ruled that ordinary technical faults — including engine defects discovered during maintenance — are not extraordinary circumstances. The court found that airlines confront technical problems as a matter of course, and resolving them is inherent in normal airline operations.

Passenger won

2015 — C-257/14

Van der Lans v KLM

An unexpected technical problem that emerged shortly before departure was not considered extraordinary. The court ruled that even unforeseen component failures are part of normal operational risk — the airline cannot escape liability simply because the fault was unexpected.

Passenger won

2018 — C-195/17

Krüsemann v TUIfly

A “wildcat strike” by airline staff following a surprise restructuring announcement was not an extraordinary circumstance. The court 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 reinforces that airlines cannot escape liability for disruptions that stem from their own operational decisions.

Passenger won

These court decisions are why many airline technical-fault rejections are legally weak. If your airline cited a technical problem to deny your claim, the odds are in your favour.

Real Technical Fault Examples

These examples show how compensation maps to real routes and real technical problems.

RouteDelayAirline ReasonCompensation
London → Rome4hHydraulic fault€250
Paris → Madrid3.5hEngine issue€250
Frankfurt → Athens5hElectrical problem€400
Amsterdam → Tenerife6hTechnical inspection€400
London → New York5hAircraft defect€600

In each of these cases, the airline cited a technical reason — and in each case, the passenger was entitled to compensation because the fault was not extraordinary.

Why Airlines Reject Technical Fault Claims

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

Airline says: “Unexpected Technical Problem

Reality: Unexpected does not automatically mean extraordinary. The Van der Lans ruling (2015) confirmed that even unforeseen component failures are part of normal operational risk.

Airline says: “Safety Issue

Reality: Safety concerns still require proof that the event was outside normal operations. A routine safety check that reveals a known type of fault is not extraordinary — it is what safety checks are designed to catch.

Airline says: “Component Failure

Reality: EU courts have repeatedly ruled that component failures are part of running an airline. The Wallentin-Hermann ruling (2008) established this, and no subsequent ruling has overturned it.

Airline says: “Technical Inspection Required

Reality: Routine inspections and repairs remain airline responsibility. If an inspection reveals a problem that maintenance should have caught earlier, that is not extraordinary — it is a maintenance failure.

Compensation comparison

Compensation

€600

Claim Company

€390

You lose €210

FlightClaimGuide

€591

You keep €201 more

Technical fault 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 Technical Fault Compensation

1

Verify Delay Length

You need a 3+ hour arrival delay at your final destination. Check the actual arrival time — not the departure delay.

2

Keep Airline Notifications

Save emails, text messages, and any airport announcements about the delay. If the airline mentions a technical issue, that is evidence in your favour.

3

Request Delay Reason

Ask the airline for written confirmation of the specific reason for the delay. A vague "technical issue" is not enough — they must tell you what actually happened.

4

Compare Reason Against EU Case Law

Check whether the airline's excuse matches a scenario already ruled on by the ECJ. Most technical-fault excuses fail legal scrutiny under Wallentin-Hermann and Van der Lans.

5

Submit Claim

File your claim directly with the airline. Cite EU261 or UK261, state the compensation amount, and reference the relevant court ruling if they cite a technical fault.

6

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 technical fault claims frequently go in the passenger's favour.

7

Use Airline-Specific Claim Package

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

Related Guides

Frequently Asked Questions

Can I claim if the airline says it was a technical fault?
Yes — in most cases. Airlines frequently cite technical faults as a reason to deny compensation, but the European Court of Justice has ruled repeatedly that routine technical problems are not extraordinary circumstances. Unless the airline can prove the fault was genuinely extraordinary and beyond its control, you are likely entitled to compensation.
Are technical problems extraordinary circumstances?
Usually no. The landmark Wallentin-Hermann ruling (C-549/07) established that technical problems arising from normal aircraft operations are inherent to running an airline. They do not qualify as extraordinary circumstances unless they stem from events outside the airline's normal activity and beyond its actual control — such as a hidden manufacturing defect affecting an entire fleet.
What did the Wallentin-Hermann case decide?
In 2008, the European Court of Justice ruled that ordinary technical faults — including engine defects discovered during maintenance — are not extraordinary circumstances. The court found that airlines confront technical problems as a matter of course, and resolving them is inherent in normal airline operations. This ruling remains the leading precedent on technical fault claims.
What if the engine failed unexpectedly?
An unexpected engine failure does not automatically qualify as extraordinary. In Van der Lans v KLM (2015), the ECJ ruled that even an unexpected technical problem that emerged shortly before departure was not extraordinary — it is part of normal operational risk. The airline must prove the specific fault was both extraordinary and unavoidable, which is a high bar.
Can maintenance problems qualify for compensation?
Yes. Maintenance errors, missed inspections, and repair issues are the airline's responsibility. The Wallentin-Hermann ruling specifically noted that technical problems arising from failure to maintain an aircraft are inherent in normal airline activity. If poor maintenance caused the delay, you can claim.
What is a hidden manufacturing defect?
A hidden manufacturing defect is a flaw in an aircraft that was not discoverable through normal maintenance and was unknown to the airline. The Wallentin-Hermann ruling acknowledged this narrow exception — if a manufacturer or aviation authority reveals a defect affecting an entire aircraft type already in service, and the airline could not have known about it, this may qualify as extraordinary. This is rare and the airline bears the burden of proof.
How much compensation can I receive?
The same EU261/UK261 amounts apply: €250/£220 for flights up to 1,500 km, €400/£350 for 1,500–3,500 km, and €600/£520 for over 3,500 km (with a 50% reduction if re-routed and arriving within 4 hours on long-haul). The amount depends on flight distance and arrival delay, not the type of fault.
Do technical fault claims often get rejected?
Yes — technical faults are one of the most common reasons airlines give for rejecting claims. However, court and ADR decisions overwhelmingly favour passengers. Airlines rely on passengers not knowing that routine technical faults are not extraordinary. If you push back and cite the relevant case law, your chances of success are strong.
How long do technical fault claims take?
Most airlines respond within 4–8 weeks. If they reject your claim, escalating to an ADR body (CEDR in the UK, SÖP in Germany, etc.) typically takes another 8–12 weeks. The entire process from claim to resolution usually takes 2–6 months. Persistence pays off — ADR decisions on technical fault claims frequently go in the passenger's favour.
What evidence should I keep?
Save your boarding pass, booking confirmation, and any communications from the airline about the delay reason. If the airline cites a technical fault, ask for written confirmation of the specific problem. Screenshot departure boards. Note your actual arrival time. The more specific your evidence, the harder it is for the airline to rely on a vague "technical issue" excuse.

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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.