Key Statutory Rules & Public Aviation Law Summary
Understanding the difference between internal airline pilot/cabin crew strikes (eligible under Krüsemann C-195/17 & Airhelp v SAS C-28/20) and external Air Traffic Control or security strikes.
- In Krüsemann v TUIfly (C-195/17) and Airhelp Ltd v SAS (C-28/20), the Court of Justice ruled that strikes by an airline's own pilots, cabin crew, or ground staff—even 'wildcat' or union-organized pay strikes—are NOT extraordinary circumstances.
- Because managing staff employment terms is within the carrier's sphere of control, cancellations or 3+ hour delays caused by an airline's own staff strike generally qualify for €250–€600 / £220–£520 compensation.
- By contrast, external strikes by Air Traffic Control (ATC), airport security staff, or border control officials are generally treated as extraordinary circumstances exempt from fixed cash compensation.
- Even during external ATC/airport strikes, the airline's Article 9 Duty of Care (free hotel accommodation, meals, refreshments, and rerouting) remains strictly enforceable.
- How Long Do You Have to Claim Flight Delay Compensation in Each Country?
- British Airways Delay, Missed Connection & Cancellation Statutory Rights
- Lufthansa Delay, Cancellation & Missed Connection Rights under EC 261/2004
- KLM (Amsterdam Schiphol) & Air France (Paris CDG) EU261 Compensation Rules
- When Non-EU Airlines (Emirates, Qatar, Etihad, Turkish, SAA, Delta) Must Pay €600 / £520
Public Statutory Information Disclaimer: AeroStatute provides general public educational information regarding Regulation (EC) No 261/2004, UK261, the Montreal Convention 1999, Canada APPR, and US DOT regulations. This tool does not provide formal legal advice or act as a law firm.