In short: If your flight was cancelled less than 14 days before departure, or arrived 3 hours or more late, because the airline's own pilots, cabin crew or other staff went on strike – official or "wildcat" – compensation of €250–€600 (EU261) or £220–£520 (UK261) is usually due. Strikes by others – air traffic controllers, airport staff, security or ground handling staff not employed by the airline, border officials – are usually extraordinary circumstances, so only care and a refund or re-routing are owed.
What the law says
Recital 14 of Regulation (EC) No 261/2004 says extraordinary circumstances may occur in cases of "strikes that affect the operation of an operating air carrier". For years airlines read that as covering any strike. The Court of Justice has since narrowed it in a series of judgments, applying the usual test from Wallentin-Hermann (C-549/07): the event must be not inherent in the normal exercise of the airline's activity and beyond its actual control.
In Airhelp v SAS (C-28/20, 23 March 2021), decided by the Court's Grand Chamber, the Court explained that the legislature had in mind strikes external to the airline's activity – such as "strike action taken by air traffic controllers or airport staff" – and that a strike by the airline's own staff over their working conditions is part of the normal management of the business.
Is it extraordinary? Strikes compared
| Who is striking | Extraordinary? | Authority |
|---|---|---|
| Airline's own pilots or cabin crew, strike called by a union with notice | No | C-28/20 Airhelp v SAS |
| Airline's own crew calling in sick en masse ("wildcat strike") | No | C-195/17 Krüsemann |
| Subsidiary airline's crew striking in solidarity with the parent company's staff | No | C-613/20 Eurowings |
| Airline staff striking over demands only public authorities can meet | Can be | C-28/20 (para. 45 of the judgment) |
| Air traffic controllers | Usually yes | C-28/20; CAA |
| Airport staff, including security staff employed by the airport or a contractor of the airport | Usually yes | C-28/20; CAA |
| Ground handlers | Usually yes | CAA lists "ground handlers" as likely extraordinary; check who employs them |
| Border Force, passport control and other public officials | Usually yes | CAA |
"Usually yes" means compensation is usually not due; the airline must still show the strike caused your disruption and that it took all reasonable measures.
Strikes by the airline's own staff: compensation is usually due
Official strikes: Airhelp v SAS (2021)
In April 2019 SAS pilots in Denmark, Sweden and Norway went on strike after pay negotiations broke down. The strike lasted seven days, from 26 April to 2 May 2019, SAS cancelled more than 4,000 flights and around 380,000 passengers were affected – including a passenger booked from Malmö to Stockholm on 29 April. SAS argued that the strike, which was lawful and announced in advance, was extraordinary, pointing to what it called the exorbitant pay demands.
The Court disagreed. A strike called by a union of the airline's staff, in compliance with national law and notice periods, to assert the demands of the airline's workers and followed by staff essential to operate a flight, is not an extraordinary circumstance. Pay and working conditions are part of the airline's normal management, and the airline can influence the outcome through negotiation.
Wildcat strikes: Krüsemann (2018)
In autumn 2016, after TUIfly announced a surprise restructuring, a large share of its flight crew reported sick at the same time – a "wildcat strike" called not by staff representatives but spontaneously by the workers themselves. Many flights were delayed or cancelled. In Krüsemann (C-195/17, 17 April 2018) the Court held this was not an extraordinary circumstance: it stemmed from the airline's own decision and was part of its normal activity.
Solidarity strikes: Eurowings (2021)
In Eurowings (C-613/20, 6 October 2021) a passenger's flight from Salzburg to Berlin on 20 October 2019 was cancelled because Eurowings cabin crew joined a strike that their union had first called against the parent company, Lufthansa. The strike also continued beyond the period announced, even after an agreement had been reached with the parent company. The Court held that it was still not an extraordinary circumstance.
The narrow exception
In Airhelp v SAS the Court added that a strike "originating from demands which only the public authorities can satisfy", and which is therefore beyond the airline's control, is capable of being extraordinary. That covers unusual cases such as staff protesting against a government measure, not ordinary pay disputes.
Strikes by others: usually extraordinary
A strike by people who do not work for the airline is outside its control. The Court of Justice named air traffic controllers and airport staff as examples (C-28/20), the European Commission's 2024 guidelines repeat this, and the UK Civil Aviation Authority lists strikes "unrelated to the airline, such as those by airport staff, ground handlers, air traffic control, or border force" as likely extraordinary.
Two cautions apply:
- Check who the strikers work for. "Ground staff" can mean the airport operator's staff, a handling company, or the airline's own employees. A strike by the airline's own employees falls under the rules above, whatever their job.
- Reasonable measures still apply. External strikes are often announced in advance. The airline must show it did what it reasonably could – rescheduling, rebooking passengers on other flights, including other airlines' flights where available (C-74/19) – to avoid or reduce the disruption. Only the part of the delay the strike actually caused is deducted.
A related 2024 judgment shows the same logic for staff shortages at the airport: in Touristic Aviation Services (C-405/23, 16 May 2024) the Court held that a shortage of the airport operator's baggage-loading staff may be extraordinary, but the airline must still prove that it adopted measures appropriate to the situation to avoid the consequences. See our guide to air traffic control delays for controller strikes, and the strike calendar for announced dates, with country pages for France, Spain, Italy, Portugal, Greece, Germany, Belgium and the UK.
UK261: what applies in the UK
Krüsemann (2018) was decided before the end of 2020 and remains part of how UK courts read UK261. Airhelp v SAS and Eurowings were decided in 2021, after the UK left the EU's legal order, so they do not bind UK courts; the Court of Appeal explained in Lipton v BA City Flyer [2021] EWCA Civ 454 that UK courts can "have regard to" such later rulings where relevant. UK consumer guidance takes the same practical line as the Court of Justice: Which? lists strikes by airline staff such as pilots as not extraordinary, because the airline negotiates with its own staff.
What the airline must prove
- Who was on strike and who employs them.
- That the strike caused your disruption – not, for example, a crew shortage that already existed.
- For an external strike, what it did to limit the effect: when it knew about the strike, what it changed in its schedule, and whether it offered re-routing on other carriers.
What you can do
- Find out whose strike it was. News reports and the airline's own notices usually say. If the airline's message just says "industrial action", ask who was striking.
- Take the refund or re-routing you are entitled to in any case, and ask for care while you wait. Keep receipts.
- Check the notice period. Compensation for a cancellation depends on being told less than 14 days before departure.
- Claim if the strike was internal, citing Airhelp v SAS (C-28/20), Krüsemann (C-195/17) or Eurowings (C-613/20). If the airline still refuses, 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 – our step-by-step claim guide explains each step; the case law library has the rulings.
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Frequently asked questions
My flight was cancelled because the airline's pilots went on strike. Can I claim?
Usually yes. In Airhelp v SAS (C-28/20, 2021) the Court of Justice held that a strike called by a trade union of the airline's own staff, lawfully and with notice, to press its workers' demands is not an extraordinary circumstance. If the cancellation came less than 14 days before departure, or your flight arrived 3 hours or more late, compensation is due.
The cabin crew called in sick en masse. The airline says it was not an official strike.
That does not help the airline. In Krüsemann (C-195/17, 2018) TUIfly crew called in sick in large numbers after a surprise restructuring announcement. The Court held this "wildcat strike" was not an extraordinary circumstance.
My flight was cancelled because of a strike by airport security staff. Can I claim?
Usually not. Strikes by airport staff are external to the airline and may be extraordinary circumstances (C-28/20). The UK CAA lists strikes by airport staff, ground handlers, air traffic control and Border Force as likely extraordinary. You are still owed a refund or re-routing and care.
The strike was by staff of the airline's parent company. Does that change anything?
Not in the airline's favour. In Eurowings (C-613/20, 2021) cabin crew of the subsidiary struck in solidarity with a strike against the parent company, Lufthansa, and the strike ran longer than announced. The Court held it was still not an extraordinary circumstance.
The strike was announced weeks in advance. Does that matter?
If the cancellation was notified at least 14 days before departure, no compensation is due whatever the cause. For shorter notice it depends on whose strike it was. For an external strike, early warning also bears on whether the airline took all reasonable measures, such as rebooking passengers in good time.
What if staff strike over something only the government can decide?
The Court of Justice said in Airhelp v SAS that a strike originating from demands which only the public authorities can satisfy, and which are therefore beyond the airline's actual control, is capable of being an extraordinary circumstance. That is a narrow exception; most airline strikes are about pay and conditions.
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-195/17 Krüsemann and Others v TUIfly, judgment of 17 April 2018 – Court of Justice of the EU
- C-28/20 Airhelp v SAS, judgment of 23 March 2021 – Court of Justice of the EU
- C-613/20 CS v Eurowings, judgment of 6 October 2021 – Court of Justice of the EU
- C-405/23 Touristic Aviation Services, judgment of 16 May 2024 – Court of Justice of the EU
- C-74/19 Transportes Aéreos Portugueses, judgment of 11 June 2020 – Court of Justice of the EU
- Interpretative Guidelines on Regulation (EC) No 261/2004 (C/2024/5687), section 5.2 – European Commission, Official Journal
- Lipton v BA City Flyer Ltd [2021] EWCA Civ 454 (status of later CJEU rulings, para. 65) – Court of Appeal (England and Wales)
- Am I entitled to compensation? – UK Civil Aviation Authority
- 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.