Airline staff strike - are you entitled to compensation?


If your flight was delayed by 3 hours or more or the flight was canceled, you might be entitled to compensation from an airline. However, significant pre-condition is that if the flight disruption was caused by "extraordinary circumstances" beyond the airline's control, passengers are ineligible for compensation. You can read more about "extraordinary circumstances" in our article here.

If the flight was disrupted due to airline staff strike, is this an "extraordinary circumstances" beyond the airline's control? Are passengers still entitled to compensation?

In 2018, the Court of Justice of the European Union (CJEU) adopted the landmark ruling which shed the light on this issue.  Before 2018, it was assumed that all forms of airline staff strike fall under the category of "extraordinary circumstances" beyond the airline's control. 

In its precedential ruling, CJEU established that airlines are still obligated to pay compensations to passengers if the flight was disrupted due to a wildcat strike. Wildcat strikes refer to the spontaneous or unannounced illegal industrial action by employees, without following the relevant procedures.

To be more precise, CJEU stated that not all forms of airline staff strike fall under the category of "extraordinary circumstances". In cases of the wildcat strike, airlines are still under the duty to pay compensations to passengers for the disrupted flight. 

Therefore, this judgment enlarged the circle of cases in which the passengers are eligible for compensation. 

Apart from applying to all future flights, this landmark ruling will retroactively apply to all past flights which were disrupted due to airline staff strike. 

If your flight was disrupted for airline staff strike, complete our electronic application and Sky Lawyer will help you understand if you are entitled to compensation.

Note that official strikes are still considered as "extraordinary circumstances" and in such cases, airlines are not obligated to pay compensation. Tell us about your problem, Sky Lawyer will investigate your case for free and let you know if you can claim your money.

 



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