European UnionThe airline says mechanical problems are 'extraordinary circumstances'. Is this true?
No, mechanical problems are generally not 'extraordinary circumstances' under EU law — airlines must usually pay compensation for delays or cancellations caused by them.
What the Law Says
EU Regulation (EC) No 261/2004 sets passenger rights for flight delays, cancellations, and denied boarding. It allows airlines to avoid compensation only if the disruption was caused by 'extraordinary circumstances' — events outside their control and unavoidable even with all reasonable measures.
The regulation defines 'extraordinary circumstances' narrowly. According to Article 5(3), airlines are exempt from paying compensation 'if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.'
Crucially, the regulation does not list mechanical problems as extraordinary circumstances — and courts have consistently ruled they fall within normal airline operations.
Airlines are responsible for maintaining airworthiness, scheduling maintenance, and managing technical reliability. Failures in these areas are considered part of their operational duties — not external or extraordinary events.
Statutory Textthe 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)
What Courts Have Said
The Court of Justice of the European Union (CJEU) has repeatedly clarified that technical problems arising from normal wear and tear or inadequate maintenance do not qualify as extraordinary circumstances.
The CJEU held that technical problems inherent in aircraft operation — including those requiring unscheduled maintenance — are not extraordinary if they result from normal activity or insufficient maintenance planning.
The court ruled that a defect in an aircraft component (a broken fuel pump) was not extraordinary because such failures are foreseeable and fall within the airline’s sphere of control and responsibility.
What to Do
Check if your flight was delayed by ≥3 hours or cancelled — and departed from or arrived at an EU airport.
Confirm the airline cited 'mechanical problems' — this is unlikely to excuse compensation under EU law.
Submit a written claim to the airline citing Regulation 261/2004, Art. 5(3), and referencing CJEU rulings (e.g., van der Lans).
If rejected within 2 months, escalate to your national enforcement body (e.g., UK CAA, Germany’s Luftfahrt-Bundesamt).
File a claim in court within 2 years — many EU countries allow small-claims procedures for passenger rights.
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.