EU Court Ruling on Flight Delays

Introduction to the Ruling

The EU’s top court has made a significant ruling regarding flight delays and cancellations. On Thursday, it was decided that a lightning strike on a plane can be considered an "extraordinary circumstance" that exempts airlines from paying compensation for major delays or cancellations.

Background of the Case

The case was referred to the Court of Justice of the European Union by an Austrian court. A passenger had claimed damages from Austrian Airlines after arriving in Austria from Romania more than seven hours late. The delay was caused by a lightning strike on the plane the traveler was supposed to travel on, which had to be replaced.

The Court’s Decision

The court ruled that lightning "constitutes an exceptional circumstance that may exempt the airline from the obligation to pay compensation … if it leads to mandatory safety inspections." This decision is crucial in determining the airline’s liability in such situations.

Assessment of the Airline’s Actions

It is now up to the Austrian court to assess whether the airline took “all appropriate measures” to avoid the exceptional circumstances. This assessment will play a significant role in determining the outcome of the case.

Precedent for Extraordinary Circumstances

In 2017, the court classified a collision with a bird as an “extraordinary circumstance.” This precedent suggests that the court is willing to consider unexpected events that are beyond the control of the airline as valid reasons for exemptions from compensation.