European UnionThe airline says the delay was due to 'extraordinary circumstances'. Do I still get compensation?
You may not get compensation if the airline proves the delay was caused by 'extraordinary circumstances' beyond its control — but the airline must prove it, and many common reasons (like staff strikes or technical issues) do not qualify.
What the Law Says
EU Regulation (EC) No 261/2004 sets your rights when flights are delayed, cancelled, or overbooked. Airlines can avoid paying compensation only if they prove the delay resulted from 'extraordinary circumstances' — but this exception is narrow and strictly interpreted.
To be eligible for compensation, your flight must have departed from an EU airport or been operated by an EU airline arriving in the EU, and the delay at arrival must be at least 3 hours.
The regulation defines extraordinary circumstances as situations that 'could not have been avoided even if all reasonable measures had been taken'. This means the event must be outside the airline’s actual control — and not just unusual or inconvenient.
Crucially, the burden of proof lies entirely with the airline. They must provide concrete evidence — not just a statement — that the circumstance was truly extraordinary and that they took all reasonable steps to prevent the delay.
Statutory Textcarriers shall not be obliged to pay compensation … if they can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken
— Regulation (EC) No 261/2004, Art. 5(3) — Exemption from obligation to pay compensation
Statutory Textthe concept of ‘extraordinary circumstances’ … covers situations which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier and are beyond its actual control
— Regulation (EC) No 261/2004, Recital 14
What Courts Have Said
The Court of Justice of the European Union (CJEU) has repeatedly clarified that 'extraordinary circumstances' is a strict legal test — and many events airlines cite do not meet it.
Confirmed that long delays (≥3h) trigger the same compensation rights as cancellations — and that airlines bear the full burden of proving extraordinary circumstances.
Held that technical problems arising from normal wear and tear — even if unexpected — are part of airline operations and do NOT qualify as extraordinary circumstances.
Ruled that illness of a crew member is not automatically extraordinary — only if it is sudden, unforeseeable, and unrelated to working conditions.
What to Do
Check if your flight qualifies: departure from EU or operated by EU airline, ≥3h delay at arrival.
Ask the airline in writing for their justification and evidence of 'extraordinary circumstances'.
Compare their reason against CJEU case law — e.g., staff strikes, technical faults, or bad weather at destination usually don’t count unless truly exceptional (e.g., volcanic ash cloud).
If denied unfairly, file a complaint with your national enforcement body (NEB) — list at ec.europa.eu/transport/modes/air/air_rights/index_en.htm.
You have up to 5 years (varies by Member State) to claim — start early.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.