EU261 and Strikes: Can Airlines Refuse Compensation Because of a Strike?
Last updated: July 2026 · 7 min read
Your flight was delayed or cancelled because of a "strike." The airline sent you a rejection letter citing "extraordinary circumstances — industrial action." Are they right? Not necessarily. The European Court of Justice drew a sharp line in 2018 — and airlines regularly ignore it.
The key ECJ ruling: Krüsemann & others v TUIfly (C-195/17, 2018)
In 2018, the ECJ ruled that a "wildcat" (spontaneous) strike by the airline's own staff is NOT an extraordinary circumstanceunder EU261. TUIfly tried to use its own employees' sudden sick leave protest as a defence — the Court said no.
The reasoning: industrial relations between an airline and its own staff are inherent to the normal exercise of the airline's activity. They are foreseeable. The airline is responsible for managing them.
The two types of strike — very different legal outcomes
Airline's own staff strike → NOT extraordinary circumstances → You can still claim
Strikes by the airline's own cabin crew, pilots, ground staff, or other employees are the airline's responsibility. This includes both organised union strikes and spontaneous "wildcat" actions (like mass sick leave protests).
Examples where claims are valid despite a strike:
- ✓ Ryanair pilots' strike (2018, 2019) — cabin crew industrial action
- ✓ British Airways cabin crew strikes
- ✓ TUIfly staff sick leave protest (the Krüsemann case itself)
- ✓ easyJet cabin crew strikes in Spain, France, or Italy
- ✓ Lufthansa/Eurowings pilot strikes
Third-party strikes → ARE extraordinary circumstances → Claim may be blocked
Strikes by workers who are not employed by the airline — such as air traffic control (ATC) staff, airport security, baggage handlers working for a third-party contractor, or ground services — can constitute extraordinary circumstances if the airline took all reasonable measures to avoid the disruption.
Examples where the extraordinary circumstance defence may hold:
- ✗ ATC strike in France (Eurocontrol/DGAC) — repeatedly used by Ryanair/easyJet validly
- ✗ Airport security strike (where handlers not employed by airline)
- ✗ Baggage handler strike (if handlers are a separate company, not airline employees)
The "reasonable measures" requirement
Even when a strike is an extraordinary circumstance, the airline must also prove it took all reasonable measures to avoid the disruption. This is a second condition that must be met independently.
In practice: if an ATC strike was announced days in advance and the airline failed to reroute passengers or cancel well in advance, they may still have a problem proving they took all reasonable measures. Always check — even when the strike type would ordinarily qualify as extraordinary.
What the airline's rejection letter usually says — and how to respond
Typical airline rejection wording:
"We regret that we are unable to process your claim for EU261 compensation. Your flight was disrupted due to industrial action by [airline] staff / air traffic control, which constitutes extraordinary circumstances beyond our control under Article 5(3) of EU Regulation 261/2004."
Counter-response if it was the airline's own staff:
"Thank you for your response. I note that your rejection is based on industrial action by your own staff. Per the ECJ ruling in Krüsemann & others v TUIfly GmbH (Joined Cases C-195/17 et al., 2018), a spontaneous or organised strike by an air carrier's own employees does not constitute an extraordinary circumstance within the meaning of Article 5(3). The management of industrial relations with an airline's own staff is inherent to the normal exercise of its activity. I therefore maintain my claim and will escalate to [NEB/CEDR/ADR] if you do not process it within 14 days."
The Ryanair 2018 strike — a landmark example
During the summer of 2018, Ryanair faced coordinated strikes from pilots in multiple countries (Ireland, UK, Germany, Belgium, Netherlands). Ryanair initially rejected most EU261 claims, citing extraordinary circumstances.
Following the Krüsemann ruling, courts and ADR schemes across Europe consistently ruled against Ryanair in these cases. The UK CAA, CEDR, and German courts all found that Ryanair's own pilots' strike was not an extraordinary circumstance. Thousands of passengers who had initially accepted Ryanair's rejection later successfully claimed.
Statute of limitations reminder
If you had a flight disrupted by a Ryanair, easyJet, BA, or Lufthansa/Eurowings staff strike before 2026, you may still be within the claim window: UK = 6 years, France = 5 years, Germany = 3 years. Do not assume it is too late without checking the specific departure country and date.
How to check if your flight was affected by a strike
Check news archives for the date
Search "[airline] strike [month year]" in Google News or BBC/Guardian archives. Most major airline strikes received extensive media coverage.
Check the airline's own announcements
Airline press releases and operational updates often explicitly identify whether a cancellation was due to strike action. These admissions are useful evidence in your claim.
Identify who went on strike
If it was the airline's own pilots, cabin crew, or ground staff — cite Krüsemann. If it was ATC or third-party handlers — the claim is harder but still worth pursuing if the airline cannot prove all reasonable measures were taken.
Find past strike-affected flights in your inbox
SubRadar scans your Gmail or Outlook for airline booking emails and flags flights that may qualify for EU261 compensation. If a strike affected your flight and you never claimed, you may still be within the window.
Scan my flight emails freeLet AirHelp fight a strike rejection
AirHelp specialises in overturning EU261 rejections, including those based on strike actions. They know the Krüsemann ruling and apply it routinely. No win, no fee.
Check your strike claim with AirHelp →