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"Extraordinary circumstances": what the airline must prove

Updated

Your flight was delayed or cancelled, you claimed compensation, and the airline answered with two words: "extraordinary circumstances". No details, no documents. That phrase is the most common reason for refusal, and it is also the one airlines most often fail to back up.

What the phrase means

EU261 gives you €250, €400 or €600 when your flight arrives 3 hours or more late or is cancelled at short notice. Article 5(3) lets the airline off only if the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

The EU Court of Justice has made that into two separate tests. The airline must prove both (Airhelp v SAS C-28/20, para 23):

  1. An extraordinary event. Something that is not part of the airline's normal activity and is beyond its actual control.
  2. All reasonable measures. It did everything it reasonably could to avoid the delay or to limit it.

The burden of proof is on the airline, and the exception is read narrowly (Wallentin-Hermann C-549/07). You do not have to prove why the flight was late.

The second test is where airlines lose

Reasonable measures include rerouting you on other airlines, with direct or indirect flights, unless that would be an intolerable sacrifice for the airline (LE v TAP C-74/19). Offering only its own flight the next day is often not enough.

Two more rules limit the excuse:

Be aware that C-74/19 also lets an airline rely on an extraordinary event on the aircraft's previous flight. It still has to prove that event and its own reasonable measures.

Nordic cases show the pattern. Denmark's Western High Court ruled against KLM because it only checked its partner airlines when rebooking a passenger after fog at Amsterdam (BS-25495/2021-VLR, 12 November 2021). In Norway, the board reportedly ruled against SAS on an Oslo–Málaga cancellation blamed on a storm, after Norwegian flew the same route about 30 minutes later.

What is usually extraordinary, and what is not

Usually not extraordinary:

Often accepted as an event, so the fight is about the second test:

What evidence to ask for

Step by step

  1. Reply in writing and ask for the documents. A refusal that only names the event is not proof.
  2. Wait about 4 weeks in Sweden and Norway, 6 weeks in Denmark.
  3. Escalate to the body for the country where the disruption happened. In Finland, KRIL (after KKV, or ECC Finland for a foreign EU/EEA or UK airline); EU261 cases can be filed in English. In Sweden, ARN (150 kr). In Denmark, Trafikstyrelsen (MitID required). In Norway, Transportklagenemnda via www.reiselivsforum.no, in Norwegian or English. See the Nordic complaint boards.
  4. Court if the airline ignores the decision.

When it is worth it, and when not

Worth it when the airline gave no flight-specific evidence, the delay was much longer than the event, or other airlines flew while you waited.

Weak when the airport was closed, the airline documents it, and it rebooked you quickly.

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

FAQ

Do I have to prove the airline is wrong?

No. The airline has to prove both the event and its reasonable measures.

Do I still get meals and a hotel?

Yes. Care (meals, hotel, transport) is owed whatever the cause.

The airline cites an old board decision. Does it count?

Check the date and the facts. Board decisions on an airline's own staff strikes made before C-28/20 (23 March 2021) are outdated.