By airlineAirlineEU261 · UK261

SAS Compensation Claim: Crew Strikes Still Pay Out

€250, €400 or €600 from SAS after a 3-hour arrival delay, and its own crew’s strike is no excuse (C-28/20). Three Scandinavian complaint routes compared.

A strike by SAS’s own cabin crew or pilots is not an extraordinary circumstance, so the €250, €400 or €600 stays due. The Court of Justice decided that against SAS itself in Airhelp v SAS (C-28/20, 23 March 2021). Distance sets the band; a three-hour arrival delay unlocks it.

The judgment with SAS’s name on it

In Airhelp v Scandinavian Airlines System Denmark – Norway – Sweden (C-28/20, 23 March 2021) the Grand Chamber held that Article 5(3) must be read as meaning that strike action called by a trade union of the operating carrier’s own staff, in compliance with the notice period required by national law, intended to assert that carrier’s workers’ demands, and followed by a category of staff essential to operating the flight, does not fall within the concept of an extraordinary circumstance.

The reasoning is the part to quote back: a strike by the airline’s own employees is inherent to the normal exercise of its activity and, given the notice the law requires, foreseeable. It is not an outside event the airline could do nothing about.

That is the opposite of an air traffic control strike, or a strike by airport staff the airline does not employ. Those are external, and airlines usually win on them. The whole distinction is in airline strikes and compensation.

Which SAS company flew you

The UK schemes list SAS-Scandinavian Airlines and SAS Connect as separate members. Under Article 2(b) the claim belongs to the airline that operated the flight, so read the “operated by” line on your booking before you name a company. A claim aimed at the wrong entity comes back on a technicality rather than on the merits — see which airline actually owes you.

Where the bands land from Scandinavia

Great-circle distance to your final destination sets the amount. From the airport coordinates this site ships:

RouteGreat-circleBand
Copenhagen – Stockholm547 km€250
Copenhagen – London Heathrow979 km€250
Stockholm – Madrid2,600 km€400
Copenhagen – New York JFK6,189 km€600
Stockholm – New York JFK6,293 km€600
Copenhagen – Bangkok8,637 km€600

Unlike a purely short-haul carrier, SAS runs a long-haul network where the €600 band is ordinary rather than exceptional. The amounts themselves are in the amounts table.

Three countries, three complaint routes

SAS departs from all three Scandinavian states, and the enforcement body follows the airport you departed from, not the airline’s head office.

You departedBodyWhat its own page says
DenmarkTrafikstyrelsen, the Danish Civil Aviation and Railway AuthorityEnglish pages; complain to the airline first and give it up to 6 weeks to answer; the authority handles the complaint free of charge; it states standard processing takes 9 to 12 months
SwedenKonsumentverket, the Swedish Consumer AgencyThe Commission lists it as Sweden’s enforcement body; its air-travel pages are in Swedish and do not name a separate dispute board
NorwayTransportklagenemnda, via Norsk ReiselivsForumYou register the case after complaining in writing to the company
United KingdomCAA route — SAS and SAS Connect are listed as CEDR membersApply within 12 months of the airline’s final response; a CEDR decision binds the airline

Nine to twelve months is the Danish authority’s own published processing time. That is not a reason to skip it — it is free and it works — but it is a reason to send your written claim to SAS the same week you land, so the clock starts while you still hold the boarding passes. Chase in writing at four weeks, and file with the body as soon as you have the answer or the six weeks have gone by.

What we could not verify

SAS’s own site returned HTTP 403 to every automated request we made on 6 September 2026, so we could not open its EU261 claim form to read it. We do not publish a claim URL we have not been able to open. Go to SAS’s customer service contact forms from its own site, use the EU261 form there, and keep the case number.

Does SAS have to pay when its pilots strike?

Yes, on the reasoning in C-28/20: a strike by its own staff called by their union is not extraordinary, so Article 5(3) does not release it. If the refusal letter cites “industrial action” without saying whose, reply asking which union called it and which employer’s staff took part.

What if the strike was air traffic control?

That is a different answer. A strike by controllers or by airport employees the airline does not employ is generally treated as external and can be extraordinary — but the airline still has to show what it did to limit your delay, and it still owes you meals, a hotel and a refund or re-routing.

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. See what the 2026 EU261 reform changes.

Where to send it

If they refuse: Swedish Consumer Agency · ADR scheme: CEDR. All regulators and ADR schemes →

What to do next

  1. RT 05Flight Cancelled by a Strike: Do You Get Compensation?A strike by the airline's own crew still pays €250–€600 under EU261; an ATC or airport strike usually does not. The CJEU cases, and how to prove whose strike.Reference
  2. RT 01How Much Flight Delay Compensation? EU261 & UK261 AmountsEU261 pays €250, €400 or €600 and UK261 pays £220, £350 or £520, fixed by great-circle distance to your final destination rather than by the fare you paid.Reference
  3. EX 02Airline Refused Your Claim? Escalate to the RegulatorFree routes after a refusal: the national enforcement body, a binding UK ADR decision within 12 months, the DOT, a chargeback, or small claims.Guide

Where this comes from

  1. CJEU, Airhelp v Scandinavian Airlines System Denmark – Norway – Sweden (C-28/20), 23 March 2021 · caselaw
  2. Regulation (EC) No 261/2004, Articles 5(3) and 7 · regulation
  3. Trafikstyrelsen (Danish Civil Aviation and Railway Authority) — complaints about your flight · regulator
  4. Konsumentverket (Swedish Consumer Agency) — air travel · regulator
  5. Transportklagenemnda / Norsk ReiselivsForum — complaint portal · regulator
  6. UK CAA, Alternative Dispute Resolution — approved schemes and member airlines · regulator

Every figure on this page was checked against the sources above on 6 September 2026.

Written and fact-checked by the flightclaimletters editorial team. We are not lawyers and this is not legal advice. Every figure is checked against the primary source listed above, and the date we last checked it is printed on the page. The letters are templates you send in your own name — you decide what to claim. If money is at stake and the airline disputes the facts, take the file to your national enforcement body or to a lawyer. How we check this →

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