Strikes are a frequent cause of flight disruptions across Europe, and they create some of the most contested EC261 claims. The critical factor is not whether a strike occurred, but who was striking and what relationship they have to the airline. An air traffic control strike is treated entirely differently from a walkout by the airline's own cabin crew, and the distinction can mean the difference between €600 in your pocket and nothing at all.
ATC strikes: generally extraordinary
Air traffic controllers are employed by national aviation authorities, not by airlines. When they strike, airlines have no control over the situation and no influence over the labour dispute. ATC strikes are generally accepted as extraordinary circumstances, and compensation is typically not owed for disruptions directly caused by them.
However, even during ATC strikes, airlines must take all reasonable measures to minimise the impact. If the strike was announced in advance and the airline failed to proactively rebook passengers, or if the strike ended but the airline was slow to resume operations while competitors had already recovered, the extraordinary circumstances defence may be weakened.
Airline staff strikes: generally NOT extraordinary
When the airline's own pilots, cabin crew, or ground staff strike, the legal position is markedly different. The Court of Justice of the European Union ruled in the TUIfly case (2018) that strikes by airline employees — even spontaneous "wildcat" strikes, are not extraordinary circumstances. The reasoning is that labour relations are part of running a business, and industrial action by employees arises from the employer-employee relationship, which is inherent to the airline's operations.
| Extraordinary (no compensation) | Not extraordinary (compensation owed) |
|---|---|
Air traffic controller strikes |
Airline's own pilot strikes |
Government-ordered airspace closures |
Airline's cabin crew walkouts |
Airport authority security strikes |
Wildcat strikes by airline staff |
Third-party strikes: the grey area
Strikes by third parties — airport ground handlers, baggage handlers, fuel suppliers, or airport security staff — fall into a grey area. If these workers are employed by the airport or an independent third party, their strike action may qualify as extraordinary circumstances. If they are employed by the airline itself or by a closely integrated subcontractor, the position is less clear and courts have gone both ways.
The key question is the degree of control the airline has over the striking workers. The more distant the relationship, the more likely the strike qualifies as extraordinary.
What to check when an airline cites a strike
If your claim is rejected because of a strike, establish three things: Was there actually a strike on the relevant day? Who was striking — the airline's own staff, ATC, or a third party? And did the strike genuinely affect your specific flight, or is the airline using a partial strike as a blanket excuse for disruptions that had other causes?
Pre-announced strikes
If a strike was announced days or weeks in advance, airlines had time to rebook passengers, arrange alternative transport, and adjust schedules. Failure to take these preparatory measures can undermine the extraordinary circumstances defence, even for strikes that would otherwise qualify.