When a labour dispute grounds flights, airlines routinely reply with a single sentence: « this was an extraordinary circumstance, no compensation is payable ». In most cases involving the carrier's own employees, that answer does not stand up to European case law. The Court of Justice of the European Union (CJEU) has repeatedly held that an internal strike does not release an airline from its obligations under Regulation (EC) No 261/2004.
The legal framework in brief
EC 261/2004 covers every flight departing from an airport in the European Union, regardless of the airline, and flights arriving in the EU when operated by an EU carrier. It grants fixed compensation where a passenger suffers:
- a delay of 3 hours or more on arrival at the final destination;
- a cancellation notified less than 14 days before departure;
- denied boarding due to overbooking.
Article 5(3) allows the carrier to escape liability only if it proves the disruption was caused by « extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken ». Recital 14 mentions « strikes that affect the operation of an operating air carrier », a phrase airlines have long over-used. A recital has no independent binding force, and every derogation from a passenger-protection rule must be interpreted narrowly.
Internal strike versus external strike
The decisive question is who is on strike.
- Internal strike — compensation payable. The action involves the airline's own staff: pilots, cabin crew, engineers, or ground staff directly employed by the carrier. Managing industrial relations is part of running an airline and lies within its sphere of control.
- External strike — possibly exempt. Air traffic controllers, airport security officers, third-party handling agents or a nationwide general strike are outside the carrier's control. These may qualify as extraordinary circumstances — but the airline must still prove it took all reasonable measures, such as rerouting you on another carrier or rescheduling its network.
The leading CJEU judgments
Krüsemann and Others v TUIfly (C-195/17, 17 April 2018). After a surprise restructuring announcement, a wave of spontaneous sick leave — a « wildcat strike » — disrupted the schedule. The Court held that the disruption flowed from a management decision and was inherent in the carrier's normal activity: not an extraordinary circumstance.
Airhelp v SAS (C-28/20, 23 March 2021). Here the strike was entirely lawful: called by a pilots' union, with proper statutory notice, to press pay and working-condition demands. The Court reached the same conclusion. A strike called by a union representing the carrier's own staff is foreseeable in the life of any employer, remains partly within its control through collective bargaining, and therefore does not exempt the airline from paying compensation.
Eurowings (C-613/20, 6 October 2022). The Court continued this line of reasoning in the context of industrial action affecting crew within the same airline group. Pointing to a group structure is not, in itself, enough to turn a labour dispute into an external event.
How much can you claim?
Article 7 sets compensation by great-circle distance:
- €250 for flights of 1,500 km or less;
- €400 for intra-EU flights over 1,500 km and all other flights between 1,500 and 3,500 km;
- €600 for flights over 3,500 km outside the EU.
The amount may be halved if the airline reroutes you and you arrive no more than 2, 3 or 4 hours later than originally scheduled, depending on the distance band. Compensation is payable in addition to a refund or rerouting, and is unrelated to the price you paid for the ticket.
Care and assistance always apply
Even where the strike is genuinely external, Article 9 obliges the carrier to provide meals and refreshments in reasonable proportion to the waiting time, hotel accommodation and transfers where an overnight stay is required, plus means of communication. If nothing is offered, keep every receipt: reasonable out-of-pocket expenses are recoverable.
Evidence to gather and time limits
- Booking confirmation, ticket and boarding pass.
- The airline's email or SMS announcing the cancellation or delay, including the stated reason.
- Your actual arrival time at the final destination (door-opening time is the reference).
- Press reports or union statements identifying who called the strike.
- Receipts for meals, hotel and ground transport.
You can go back up to 3 years when filing a claim, so a flight disrupted by a crew strike in 2024 may still be eligible today.
Common airline arguments — and why they usually fail
« The strike was unforeseeable »: foreseeability alone is not the test; the Court looks at whether the event is inherent in the carrier's activity and within its control. « The union acted independently »: that was precisely the situation in the SAS case. « We cancelled pre-emptively »: a schedule cancellation decided by the airline itself remains a commercial decision. A structured, case-law-based reply to a customer-service refusal frequently changes the outcome.
Check your flight in a few minutes
Airlines Quick Refund handles claims through amicable, out-of-court negotiation, on a 35% success-fee basis only: nothing to pay if the claim fails. Enter your flight number and travel date in our compensation calculator to see instantly what you may be entitled to recover.