Air traffic control restrictions and compensation

Updated 13 October 2026

Your flight was delayed or cancelled, and the airline blames air traffic control: "ATC restrictions", "slot regulation", "airspace closure", "Eurocontrol". It says that is extraordinary and refuses compensation. The event itself is often accepted. The fight is about what came next.

What the refusal means

ATC restrictions come in several forms: a reduced arrival rate at a busy airport, a strike by air traffic controllers, staff shortages, or a closed airspace. They are set by others, so boards and courts often accept them as extraordinary events.

But under EU261 the airline must prove two things: the extraordinary event, and that it took all reasonable measures (Airhelp v SAS C-28/20, para 23). Reasonable measures include rerouting you on other airlines, direct or indirect, unless that is an intolerable sacrifice (LE v TAP C-74/19). And only the part of the delay the restriction caused is excused (Pešková C-315/15).

What the boards and courts say

• Norway. In a case reported in the press, Norwegian cancelled a Bergen–Stavanger–Gatwick flight over Gatwick capacity limits and offered a flight the next day. The board accepted the ATC restriction, but said rerouting covers other airlines and other airports serving the same city. SAS flew to Heathrow. The passenger got €250 plus the SAS fare.
• Norway, again. In another reported case, passengers won against Aegean when it blamed ATC on the aircraft's previous flight without documenting it.
• Denmark. KLM lost in the Western High Court after fog-related slot limits at Amsterdam, because it only checked its partner airlines for rebooking (BS-25495/2021-VLR, 12 November 2021).
• Denmark, airspace. The Eastern High Court held that Pakistan's recurring airspace closure in 2019 was foreseeable after the first day. Other airlines flew Scandinavia–Asia around it (U 2022.1867 Ø).
• Finland. KRIL ruled for a passenger when the airline blamed avoiding Iranian airspace, a restriction known for months before she booked. The airline could have rerouted her well in advance (D/5572/35/2024).

Kastrup and staff shortages

Denmark's Trafikstyrelsen said in May 2023 that it will "generally" treat an air traffic controller shortage at Copenhagen Airport (Kastrup) as extraordinary. If your flight from Kastrup was hit, expect to lose the first argument and focus on the second: how long the delay was, and what the airline did to reroute you.

What evidence to ask for

• the ATC slot messages (CTOT) or Eurocontrol regulation for your flight
• NOTAMs if an airspace was closed, with dates
• a timeline: original slot, new slot, actual departure
• if the restriction hit an earlier flight: which one, and proof
• which other airlines' flights were checked when rebooking you

Step by step

1. Reply in writing. Ask for the slot data and the rerouting options considered.
2. Check other flights. Note flights on other airlines that left or arrived earlier on your route. Screenshots of public flight-tracking data help.
3. Wait about 4 weeks in Sweden and Norway, 6 weeks in Denmark.
4. Board for the country where the disruption happened. Finland: KRIL, after KKV or ECC Finland; EU261 cases can be filed in English. Sweden: ARN, 150 kr. Denmark: Trafikstyrelsen with MitID. Norway: Transportklagenemnda via www.reiselivsforum.no, Norwegian or English. See the Nordic complaint boards.

When it is worth it, and when not

Worth it when:

• the airline only rebooked you on its own flights, often the next day
• other airlines flew your route while you waited
• the restriction was known well in advance
• the delay was much longer than the slot delay

Weak: a short, documented slot delay that pushed you just past 3 hours, or an air traffic controller strike that grounded everyone, where you were rebooked on the next available flight.

Appeal My Flight writes the reply and the board complaint for €29 per booking. You send it yourself and keep the payout.

Related: strikes and extraordinary circumstances explained.

FAQ

The airline says ATC is always extraordinary. Is that true?

Often, for the event. But the airline must still prove it hit your flight and that it did everything reasonable to get you there.

Do I have to find the alternative flights myself?

No, the burden is on the airline. But showing them makes your case stronger.

Am I owed meals and a hotel during an ATC delay?

Yes. Care is owed whatever the cause.