The Bottom Line
- Airlines are not liable for EU261 compensation when a flight is cancelled due to Air Traffic Control (ATC) decisions, especially those related to external factors like bad weather.
- Instructions from ATC are considered an extraordinary circumstance because they fall outside an airline’s operational control, unlike internal technical or staffing issues.
- To be exempt from payment, the airline must still prove it took all reasonable measures to mitigate passenger disruption, such as rebooking them on the earliest alternative flight.
The Details
In a significant ruling for the aviation industry, a Dutch court has clarified the scope of extraordinary circumstances under EU Regulation 261/2004. The case involved two passengers on an Air France flight from Paris to Amsterdam that was ultimately cancelled. While the passengers sought the standard €250 compensation per person for the short-haul flight cancellation, Air France denied the claim, arguing the situation was beyond its control. The court ultimately sided with the carrier.
The core of the court’s reasoning was that the cancellation was a direct consequence of decisions made by Air Traffic Control (ATC). The flight’s departure was repeatedly postponed by ATC due to adverse weather conditions. The court determined that such directives are not part of an airline’s normal operations and are entirely outside of its control. This external mandate from a state authority clearly falls under the definition of an extraordinary circumstance, providing a solid legal shield against compensation claims.
Crucially, the airline’s defense did not rest on the ATC delays alone. The court also examined whether Air France had taken all reasonable measures to avoid the cancellation or limit its impact. It found that the airline had acted appropriately by waiting a considerable time for a new departure slot and, when it became clear the flight could not proceed, rebooking the passengers on the first available alternative. This two-pronged success—proving both an extraordinary circumstance and a reasonable response—was key to the dismissal of the passengers’ claim.
Source
Rechtbank Noord-Holland
