Bird strikes occupy an unusual position in EC261 case law. Unlike technical faults (clearly not extraordinary) or severe weather (clearly extraordinary), bird strikes have produced conflicting rulings across European courts. This makes them one of the few genuinely contested categories — and one where the specific facts of your case matter more than general principles.
What happens during a bird strike
A bird strike occurs when an aircraft collides with one or more birds, most commonly during takeoff or landing when aircraft are at lower altitudes. The impact can range from negligible (a small bird hitting the fuselage) to severe (a large bird being ingested into an engine). Aviation regulations require that any suspected bird strike be inspected before the aircraft can return to service, and this inspection process is often what causes the delay rather than the strike itself.
The legal debate
Courts have split on whether bird strikes qualify as extraordinary circumstances, and both sides have reasonable arguments.
| Arguments for extraordinary | Arguments against |
|---|---|
Birds are wild animals beyond airline control |
Bird strikes are common and statistically predictable |
The specific timing and location is unpredictable |
Airlines can take preventive measures (bird scaring) |
Safety inspections are legally mandatory |
Inspection is part of normal operational response |
The Court of Justice of the European Union addressed this in the Pešková case (2017), ruling that a bird strike may constitute extraordinary circumstances but that the airline must still prove it took all reasonable measures to prevent the delay. Importantly, the court found that if the aircraft had already been inspected and cleared after a bird strike, any subsequent delay caused by the same aircraft's late arrival at your airport was not covered by the extraordinary circumstances defence.
Key factors in your claim
Whether a bird strike claim succeeds depends on several factors. Was there actual damage to the aircraft, or just a precautionary inspection? How long did the inspection take, and was the delay proportionate? Did the airline take reasonable steps to minimise the delay — for example, by sourcing a replacement aircraft? And is the airline providing evidence that a bird strike actually occurred, or merely claiming it without documentation?
Worth challenging
Bird strike claims are worth challenging, particularly if the delay was long, the airline was slow to respond, or the evidence is thin. Ask the airline for documentation of the strike: maintenance logs, inspection reports, or incident records. If they cannot produce these, their defence is weak regardless of the legal debate about bird strikes in general.
Check the follow-up
Even if the bird strike itself was extraordinary, the airline must prove it took all reasonable measures afterwards. A four-hour delay caused by a bird strike that required only a 45-minute inspection suggests the airline could have done more to get you on your way.