"We regret to inform you that your flight was affected by extraordinary circumstances, so no compensation is payable." Thousands of passengers receive this sentence every week. In a significant share of cases, the defence does not stand up to legal scrutiny. Here is how to tell a legitimate refusal from an abusive one.
What Article 5(3) of EC 261/2004 actually says
The regulation grants fixed compensation when a flight arrives 3 hours or more late at the final destination, when a cancellation is notified less than 14 days before departure, or in cases of denied boarding. Article 5(3) creates an exception: the carrier is released from liability if it proves the disruption was caused by extraordinary circumstances "which could not have been avoided even if all reasonable measures had been taken".
Two points matter. First, this is an exception, and the Court of Justice of the European Union consistently interprets it narrowly. Second, the burden of proof lies entirely with the airline, never with the passenger. A one-line email mentioning "operational reasons" or "a technical issue" is not evidence.
The two cumulative conditions airlines often skip
To be exempt, a carrier must establish both of the following:
- The event was external: not inherent in the normal exercise of the carrier's activity and beyond its actual control.
- All reasonable measures were taken: rerouting on another flight, including with a competing airline, use of standby aircraft or crew, schedule reorganisation to limit the delay.
Many refusals collapse on the second limb: the event may well have been extraordinary, but the airline did nothing measurable to mitigate its consequences for passengers.
The most questionable refusal grounds
- Routine technical faults. Since Wallentin-Hermann (C-549/07), confirmed in van der Lans (C-257/14), a technical problem arising in the context of normal aircraft maintenance is not extraordinary, even when unexpected. Premature component failure is an inherent risk of running an airline.
- Strikes by the airline's own staff. The CJEU ruled that a "wildcat strike" following a restructuring announcement (C-195/17) and a pilots' strike called by a union during pay negotiations (C-28/20) are not extraordinary circumstances. Internal industrial disputes belong to normal business management.
- The "knock-on" or rotation argument. Pointing to an earlier delay of the same aircraft is not enough. The carrier must prove the original event and that no reasonable measure could absorb the delay across later rotations.
- Weather claimed without evidence. A localised storm is not extraordinary if every other aircraft departed in the same time window. The airline must document the specific impact on your flight.
- Crew issues. Absences, ordinary sickness, exceeded duty-time limits or poor rostering are internal planning risks.
- Routine airport congestion and recurring peak-season traffic restrictions, which form part of normal air transport operations.
When the airline is usually right
Fairness requires acknowledging that some situations genuinely do exempt the carrier, provided evidence and mitigation are shown:
- Genuinely severe weather, runway or airport closures.
- Air traffic control or airport staff strikes, external to the airline.
- Bird strikes (C-315/15) and foreign object damage to a tyre on the runway (C-501/17).
- Disruptive passenger behaviour compromising safety (C-74/19).
- Political instability, security threats, decisions taken by public authorities.
Even then, the carrier must show it offered prompt rerouting, including on another airline's services where available.
Your rights survive extraordinary circumstances
A frequently overlooked point: the exemption covers fixed compensation only. The right to care (meals, refreshments, hotel accommodation and transfers where needed, communications) and the right to a refund or rerouting apply in all cases, with no financial or time cap, as the McDonagh judgment (C-12/11) confirmed after the 2010 volcanic ash crisis.
Amounts and time limits
- €250 for flights up to 1,500 km.
- €400 for intra-EU flights over 1,500 km and other flights between 1,500 and 3,500 km.
- €600 for flights over 3,500 km outside the EU.
A 50% reduction may apply where rerouting keeps the arrival delay within 2, 3 or 4 hours depending on distance. Claims can generally be submitted up to 3 years back, depending on the rules applicable to your file.
How to respond to a refusal
- Keep your boarding pass, emails, SMS alerts and screenshots of the actual schedule.
- Record the actual door-opening time on arrival: that is what determines the delay, not touchdown.
- Ask in writing for the precise nature of the circumstance invoked and the supporting documents.
- Compare with other flights at the same airport in the same time window.
At Airlines Quick Refund, we review these refusals case by case and handle out-of-court claims directly with carriers. Our 35% fee applies on success only: no compensation, no charge.
Was your flight delayed or cancelled while the airline blames extraordinary circumstances? Check your claim in under two minutes with our compensation calculator.