RT 02 · Know your rights

Extraordinary Circumstances EU261: When You Get Nothing

6 min read · figures checked 2026-09-06

Extraordinary circumstances is the only defence that stops a €250, €400 or €600 EU261 payment — £220, £350 or £520 under UK261. It covers events outside the airline’s control under Article 5(3). Most technical faults and the airline’s own staff strikes are not covered, and the airline has to prove it.

What the airline has to show

Article 5(3) of Regulation (EC) No 261/2004 excuses compensation only where the cancellation or long delay was caused by extraordinary circumstances “which could not have been avoided even if all reasonable measures had been taken”. That is two separate things, and the burden for both sits with the airline: an event that is genuinely outside its normal activity, and proof it did what it reasonably could to get you there anyway. A one-word reason does not meet either half. If the airline has already named its reason, the extraordinary-circumstances checker matches it to the Court of Justice judgment that decided it and gives you a paragraph to paste into your reply.

Usually extraordinary — compensation is excused

You still keep care and a refund or re-routing.

Usually not extraordinary — compensation is owed

“Technical issue” and “operational reasons” are not causes. Reply asking the airline to state the specific cause and the reasonable measures it took. If the answer is an ordinary mechanical fault, a crewing problem or its own staff’s strike, restate the claim and escalate to the regulator.

Is bad weather always an extraordinary circumstance?

No. The weather has to have made the flight unsafe or closed the airspace, and the airline still has to show it could not have avoided the delay. If other carriers flew the same route in the same conditions, ask why yours did not, and ask which measures it took.

Does an earlier delay to the same aircraft count?

Only if the earlier disruption was itself extraordinary and there is a direct causal link to your flight. LE v Transportes Aéreos Portugueses accepts that chain, but the airline has to establish it. A knock-on delay from an ordinary problem earlier in the day is not a defence.

The airline says it was extraordinary. What now?

Ask for the specific cause in writing — the get the reason in writing letter makes that request formal — then check it against the two lists above and cite the case by number. If the refusal stands on a bare label, take the file to the national enforcement body or the ADR scheme — see if they refuse.

Rules in force today

This is the law that applies to a flight you take today. A revision of Regulation 261/2004 was adopted in July 2026 — the Parliament approved the conciliation text on 7 July 2026 and the Council gave final approval on 13 July 2026 — and it is not yet in force: it applies 12 months after it enters into force following publication in the Official Journal, and the final text sets the details, including a closed list of extraordinary circumstances. See what the 2026 EU261 reform changes.

These are EU and UK concepts. US flights have no equivalent compensation scheme — see US passenger rights.

Sources

  1. Regulation (EC) No 261/2004, Article 5(3)
  2. CJEU, Wallentin-Hermann v Alitalia (C-549/07), 22 December 2008
  3. CJEU, van der Lans v KLM (C-257/14), 17 September 2015
  4. CJEU, Krüsemann v TUIfly (C-195/17 and joined cases), 17 April 2018
  5. CJEU, Airhelp v SAS (C-28/20), 23 March 2021
  6. CJEU, Pešková v Travel Service (C-315/15), 4 May 2017
  7. CJEU, Germanwings v Pauels (C-501/17), 4 April 2019
  8. CJEU, Moens v Ryanair (C-159/18), 26 June 2019
  9. CJEU, LE v Transportes Aéreos Portugueses (C-74/19), 11 June 2020
  10. CJEU, Siewert v Condor Flugdienst (C-394/14), order of 14 November 2014
  11. CJEU, McDonagh v Ryanair (C-12/11), 31 January 2013
  12. CJEU, Finnair v Lassooy (C-22/11), 4 October 2012
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