Why a strike by the airline's own staff does not block compensation
Whenever a flight is cancelled or heavily delayed because of industrial action, airlines almost automatically invoke Article 5(3) of Regulation (EC) No 261/2004 and the notion of « extraordinary circumstances » to deny compensation. That defence has been significantly narrowed by the Court of Justice of the European Union (CJEU) when the strike involves the carrier's own employees — pilots, cabin crew or directly employed ground staff.
The Court's reasoning is straightforward: staff management, pay negotiations, collective bargaining and internal restructuring belong to the normal exercise of an air carrier's activity. Labour disputes arising from them are therefore « inherent » to the business and, in principle, within the carrier's sphere of control. They fail the first test of the extraordinary circumstances defence.
The three key judgments
- CJEU, 17 April 2018, Krüsemann and others v TUIfly (C-195/17): following a surprise restructuring announcement, a large share of crew members reported sick, causing dozens of cancellations (a « wildcat strike »). The Court held that restructuring and reorganisation are part of the normal management of an undertaking, so the resulting social tension is not an extraordinary circumstance.
- CJEU, 23 March 2021, Airhelp v SAS (C-28/20): here the strike was lawful, notified with proper notice by a pilots' union after collective bargaining broke down. The Court nevertheless confirmed that a union strike by the carrier's own staff seeking pay increases remains inherent to the normal exercise of the airline's activity. The right to strike, protected by the Charter of Fundamental Rights, does not relieve the carrier of its duty to compensate passengers.
- CJEU, 6 October 2021, Eurowings (C-613/20): the Court clarified that a carrier cannot simply label industrial action as « external » where the dispute concerns pay and working conditions of crew within the same corporate group, as those matters fall within the management of its activity.
In practice: if your flight was cancelled or arrived 3 hours or more late because pilots or cabin crew walked out, a refusal based solely on the existence of the strike stands on very weak legal ground.
Strikes that can still count as extraordinary circumstances
The internal/external distinction is decisive. Typically external to the operating carrier — and therefore potentially extraordinary — are:
- air traffic control (ATC) strikes and industrial action within air navigation service providers;
- strikes by airport staff employed by the airport operator (security screening, firefighters, apron staff);
- strikes by third-party contractors: ground handling, refuelling, outsourced baggage services;
- nationwide general strikes or sector-wide movements (rail, customs, fuel distribution).
Even then, the airline is not automatically off the hook. It must prove it took all reasonable measures to avoid the cancellation or long delay — rerouting on its own or partner flights, aircraft swaps, wet-leasing, reshuffling rotations. Without that evidence, compensation may still be payable.
How much you can claim
Compensation is fixed by great-circle distance:
- €250 for flights of 1,500 km or less;
- €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 European Union.
Eligibility requires a delay of 3 hours or more on arrival at your final destination, a cancellation notified less than 14 days before departure, or denied boarding due to overbooking. The flight must depart from an EU airport (any airline) or arrive in the EU on an EU-licensed carrier. Where rerouting arrives close to the original schedule, the amount may be reduced by 50 % under Article 7(2). Claims can generally be filed for flights operated in the past 3 years.
What you are owed even during an external strike
Care and assistance under Articles 8 and 9 apply regardless of the cause: a choice between a full refund and rerouting, meals and refreshments proportionate to the waiting time, hotel accommodation and transfers when an overnight stay is required, plus means of communication. An ATC strike never removes the airline's duty to pay for your hotel.
Building a strong file
- Keep your booking confirmation, boarding passes and receipts for extra expenses.
- Save every airline message (SMS, e-mail): wording such as « industrial action by our crews » is a decisive piece of evidence.
- Record the actual arrival time when doors opened, which determines the delay.
- Archive press reports and union statements identifying which workforce struck and which airline employed them.
- On connecting itineraries under a single booking, the delay is measured at the final destination.
Airlines Quick Refund handles these claims through amicable, out-of-court channels, relying on the case law above. Our commission of 35 % applies only if the claim succeeds — no result, no fee. We do not provide litigation advice or individual legal consultations.
Check your claim in two minutes
Flight cancelled or delayed by a crew strike in the last three years? Enter your route and dates in our calculator for an instant estimate of what you may be entitled to: open the compensation calculator.