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Airlines dodge EU261 payouts by citing extraordinary circumstances. What the EU court accepts, what it rejects, and how to challenge a refusal.
By Anjali Shrestha · Oct 4, 2026
Under EU261 and UK261 an airline escapes paying €250 to €600 (or £220 to £520) only if it proves two things: the cause was an extraordinary circumstance, meaning an event outside its normal operations and outside its control, and it…
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An event that, by its nature or origin, is not part of the airline's normal activity and is beyond its actual control; both conditions must be met, and the airline carries the burden of proof. That two-part test comes from the Court of Justice in…
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Anything that comes from running the aircraft and the airline: technical faults, the airline's own staff and its ground equipment. Technical faults. A defect found in maintenance, or caused by poor maintenance, never qualifies. Nor does an unexpected failure…
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Events that come from outside: nature, other companies and public authorities. The Commission's guidelines list the court's examples: Bird strikes , whether or not they damage the aircraft (Pešková, C-315/15). Collisions caused by others , such…
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It can, if it did not take every reasonable measure, and it always owes care. The airline must show it deployed the staff, equipment and money at its disposal to avoid the disruption, short of "intolerable sacrifices", and courts can expect it to plan some…
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The reformed regulation adds an annex with a non-exhaustive list of extraordinary circumstances, and an airline refusing to pay will have to say which item it relies on. The final text (PE-CONS 39/2/26 REV 2) lists natural and environmental disasters, weather…
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UK261 keeps the original 2004 wording, so the same test applies, but UK courts decide it and the EU reform does not reach the UK. The leading UK case is Huzar v Jet2.com (Court of Appeal, 2014), which held that an unexpected wiring defect was not…
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Canada keeps its own list, and it is kinder to airlines on strikes: a labour disruption within the carrier counts as outside its control, the reverse of the EU court's position. Section 10 of the Air Passenger Protection Regulations names war, sabotage…
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Ask for the specific cause in writing, ask for the evidence, and test it against the rulings above. Get the reason in writing at the airport or in the airline's reply. "Operational reasons" is not a reason. Ask for proof. The Commission's guidelines say an…
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Almost never. The EU court has held that faults found in maintenance and unexpected component failures are part of normal operations. Only hidden manufacturing defects revealed by the manufacturer or an authority, or sabotage, qualify. Usually, when the…
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What airlines owe you, country by country. When the airline must put you on a rival. What airlines have to pay when you are bumped. Limits, deadlines and how to claim. Sources: Regulation (EC) No 261/2004, Article 5(3) and recital 14; European Commission…
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