In short: A diversion to offload an unruly passenger, a bomb threat or other security alert, drones over the airport and damage from sabotage or terrorism are usually extraordinary circumstances, so no fixed compensation is due for the delay they caused. The exceptions: the airline contributed to the passenger's behaviour or ignored warning signs, it failed to re-route you promptly, or the delay had other causes that still add up to 3 hours. Missing a flight because of airport security queues is generally not something the airline compensates.
What the law says
Recital 14 of Regulation (EC) No 261/2004 lists "security risks" and "political instability" among the circumstances that may be extraordinary. The UK Civil Aviation Authority lists acts of terrorism or sabotage, security risks, and political or civil unrest as likely extraordinary circumstances. In Wallentin-Hermann (C-549/07) the Court of Justice gave "damage to aircraft caused by acts of sabotage or terrorism" as an example of a technical problem that does qualify, and repeated it in van der Lans (C-257/14).
As always, the airline must prove the event, its link to your delay, and that it could not have avoided the delay by all reasonable measures (Article 5(3)).
Is it extraordinary? Security situations compared
| Situation | Extraordinary? | Authority |
|---|---|---|
| Diversion to offload an unruly passenger | Usually yes | C-74/19 TAP, ruling 1 |
| …where the airline contributed to the behaviour or ignored warning signs | No | C-74/19 TAP, ruling 1 |
| Bomb threat, suspicious item, security alert closing a terminal or airport | Usually yes | Recital 14 ("security risks"); CAA |
| Drones closing the runway | Usually yes | Which? |
| Damage to the aircraft from sabotage or terrorism | Yes | C-549/07; C-257/14 |
| Political or civil unrest, airspace closed over a conflict zone | Usually yes | Recital 14; CAA |
| Strike by airport security staff | Usually yes | C-28/20 Airhelp v SAS |
| Airport ground equipment hitting the aircraft in normal operations | No | C-394/14 Siewert |
| Passenger missed the flight in a long security queue | No claim against the airline | CAA; Your Europe |
Unruly passengers: Transportes Aéreos Portugueses (C-74/19)
A passenger booked with TAP from Fortaleza in Brazil to Oslo, changing in Lisbon, in August 2017. On its previous flight, from Lisbon to Fortaleza, the aircraft had to divert to Las Palmas de Gran Canaria to offload a passenger who had bitten another passenger and assaulted others, including cabin crew. The aircraft reached Fortaleza late, the return flight to Lisbon was late, the passenger missed the Oslo connection and was flown on TAP's next flight the following day, arriving almost 24 hours late.
The Court of Justice's judgment of 11 June 2020 made three rulings:
- Unruly behaviour that justifies the captain in diverting the flight to disembark the passenger and their baggage is an extraordinary circumstance, unless the airline contributed to that behaviour or failed to take appropriate measures in view of warning signs of it.
- The airline can rely on such an event that affected an earlier flight operated with the same aircraft, if there is a direct causal link to the later delay.
- Re-routing the passenger on the airline's own flight the next day is not a reasonable measure unless there was no other direct or indirect re-routing, on its own or another airline's flights, that would have arrived earlier – or unless such re-routing would have been an intolerable sacrifice.
The judgment was given before the end of 2020, so it also forms part of how UK courts read UK261. The European Commission's 2024 guidelines repeat the first ruling.
In practice the "warning signs" exception matters most where a passenger's condition or behaviour was obvious before departure – at the gate or during boarding – and the airline let them fly anyway. If you saw this happen, mention it in your claim.
Security threats, drones and sabotage
A bomb threat, a suspicious item that leads to an evacuation, or a police operation at the airport are events external to the airline and are usually extraordinary. The same goes for drones sighted near the runway: Which? lists drone disruption among the events that count, while noting that a knock-on delay on the day after a drone incident may be claimable because the airline has had time to recover.
Two points still work in your favour:
- Only the security part of the delay is deducted. Under Pešková (C-315/15) other causes still count. If the airport reopened after an hour and your flight left four hours later for other reasons, you may still have a claim.
- The airline must react reasonably. After a long closure it must re-route passengers on the earliest suitable flight, including on other airlines where available (C-74/19).
Airport security queues and security strikes
If you miss your flight because the airport's security queues were too long, the airline has not delayed or cancelled your flight, so the compensation rules do not apply. The UK CAA says it is unlikely that an airline would pay compensation or offer a free alternative flight in that situation, and the EU's Your Europe portal says there is no compensation for a connection missed because of delays at security checks. Allow plenty of time at busy periods and keep evidence if the queues were exceptional, in case you want to complain to the airport.
If airport security staff go on strike and the airline cancels or delays flights as a result, the strike is usually an extraordinary circumstance because the staff do not work for the airline (C-28/20). See our strikes guide.
What the airline must prove
- What happened – the incident, the diversion, the closure – and on which flight.
- For an unruly passenger: that it did not contribute to the behaviour and had no warning signs it failed to act on.
- How long the incident delayed your flight, and what else contributed.
- What it did afterwards to limit the delay and re-route passengers.
What you can do
- Note what you saw and heard, including the times of announcements and any signs of trouble before boarding.
- Check the flight history on a flight-tracking site: when did the diversion or closure happen, and when did your flight finally operate?
- Ask the airline in writing for the reason and a breakdown of the delay.
- Claim for any delay beyond the incident, or if the airline re-routed you later than it reasonably could. If refused, escalate to the national enforcement body or ADR body of the country where the incident happened for EU, EEA and Swiss flights (see where to complain and our country guides, for example Germany, Spain, France or Italy), or ADR or the CAA for UK flights – see how to claim and the case law library.
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Frequently asked questions
Our flight diverted to offload a drunk and abusive passenger. Can I claim?
Usually not for the diversion itself. In Transportes Aéreos Portugueses (C-74/19) the Court of Justice held that unruly behaviour which justifies the captain in diverting the flight is an extraordinary circumstance – unless the airline contributed to the behaviour or failed to act on warning signs. The airline must still re-route you as quickly as reasonably possible.
The airport was closed because of a security alert. Am I owed compensation?
Usually not. Recital 14 of the regulation lists "security risks" as a possible extraordinary circumstance, and the UK Civil Aviation Authority lists security risks and acts of terrorism or sabotage as likely to be extraordinary. You are still owed care, and a refund or re-routing if your flight is cancelled.
Drones closed the runway. Is that extraordinary?
Usually yes. Which? lists drone disruption among the events that count. It also notes that a knock-on delay the day after a drone incident may be claimable, because the airline then has more scope to recover its schedule.
I missed my flight because of long airport security queues. Can I claim from the airline?
Generally no. The UK CAA says it is unlikely that an airline would pay compensation or offer a free alternative flight in that situation, and the EU's Your Europe portal says there is no compensation for a connection missed because of delays at security checks. You could complain to the airport, but there is no fixed compensation scheme.
Airport security staff went on strike. Can I claim?
Usually not. Strikes by airport staff are external to the airline and may be extraordinary circumstances (C-28/20 Airhelp v SAS). See our strikes guide.
Do I still get meals and a hotel after a security incident?
Yes. Care under Article 9 – meals and refreshments, two phone calls or emails and, if needed, a hotel and transfers – is owed whatever caused the delay, and for a cancellation you can choose a refund or re-routing.
General information, not legal advice. We are an independent guide, not lawyers and not AirHelp.
Sources
- Regulation (EC) No 261/2004 – recital 14 (as adopted) – legislation.gov.uk
- Regulation (EC) No 261/2004 – Article 5 (as adopted) – legislation.gov.uk
- C-74/19 Transportes Aéreos Portugueses, judgment of 11 June 2020 – Court of Justice of the EU
- C-549/07 Wallentin-Hermann, judgment of 22 December 2008 – Court of Justice of the EU
- C-257/14 van der Lans, judgment of 17 September 2015 – Court of Justice of the EU
- C-394/14 Siewert, order of 14 November 2014 – Court of Justice of the EU
- C-28/20 Airhelp v SAS, judgment of 23 March 2021 – Court of Justice of the EU
- Interpretative Guidelines on Regulation (EC) No 261/2004 (C/2024/5687), section 5.2 – European Commission, Official Journal
- Am I entitled to compensation? – UK Civil Aviation Authority
- Missed flights – UK Civil Aviation Authority
- Air passenger rights – Your Europe (European Union)
- Your flight compensation rights in extraordinary circumstances – Which?
We check every rule against the sources above. Spotted an error? Tell us – see our editorial policy.