A technical fault is almost never extraordinary
Updated
Your flight was delayed or cancelled because of a "technical problem". Then the airline refused compensation, calling it an extraordinary circumstance or a "safety issue". For most technical faults, that refusal does not hold.
What the refusal means
Airlines describe technical faults in many ways: "unexpected technical issue", "operational reasons", "safety-related defect", "manufacturing defect". The label does not matter. What matters is whether the fault was part of the airline's normal operations.
Under EU261 the airline escapes compensation only if it proves an extraordinary event and that it took all reasonable measures (Airhelp v SAS C-28/20, para 23). The burden is on the airline.
What the courts and boards say
The rule. Technical problems that come up during the operation of an aircraft are part of an airline's normal activity (Wallentin-Hermann C-549/07). That includes parts that fail early, even unexpectedly. In van der Lans C-257/14 the EU Court said a component failing before its expected lifetime is still not extraordinary, because maintenance and breakdowns are part of running an airline.
The main exception. A hidden manufacturing defect counts only when the manufacturer or a competent authority announced it and it affects the fleet, for example through a grounding. Sabotage and terrorism are also exceptions (van der Lans).
The tyre case. In Germanwings C-501/17 (4 April 2019) the EU Court held that a tyre damaged by a foreign object on the runway, such as a screw, is extraordinary. Even then the airline must show it took all reasonable measures, for example changing the tyre quickly and rebooking passengers. Expect an airline to cite this case if the fault came from runway debris.
Nordic practice. Finland's Consumer Disputes Board, KRIL, rejected Finnair's argument of a hidden manufacturing defect in a four-month-old A350 on a Helsinki–Phuket flight, because the manufacturer had not grounded the fleet (D/4498/35/2018). In Sweden, Norwegian refused to follow ARN in 34 cases in 2015, arguing "manufacturing defects" (SVT/TT). Refusing a board decision does not change the law.
What evidence to ask for
- the exact fault and the technical log entry
- when the fault was found and when it was fixed
- any manufacturer service bulletin or authority directive covering the fault, with its date
- if the airline blames runway debris: the incident report and how long the repair took
- whether a spare aircraft was available, and which other airlines' flights were checked
A refusal that says "technical issue" without documents is not proof.
Step by step
- Reply to the airline in writing. Say that technical faults are normal operations (C-549/07, C-257/14) and ask for the documents above.
- Wait for the answer. About 4 weeks in Sweden and Norway, up to 6 weeks in Denmark.
- Escalate to the board for the country where the disruption happened. Finland: KRIL, after KKV advice, or ECC Finland if the airline is based in another EU/EEA country or the UK; EU261 cases can be filed in English. Sweden: ARN, 150 kr, within 1 year of your first complaint. Denmark: Trafikstyrelsen with MitID. Norway: Transportklagenemnda via www.reiselivsforum.no, in Norwegian or English. More in the Nordic complaint boards guide.
- Court if the airline ignores the decision. None of the boards can force payment.
When it is worth it, and when not
This is one of the strongest grounds a passenger has. Worth it in almost every case: warning lights, hydraulic leaks, engine or APU problems, broken doors, failed parts.
Harder: a documented fleet grounding by the manufacturer or authority, or damage from a foreign object on the runway where the airline fixed it fast and rebooked you well.
Appeal My Flight writes the reply and the board complaint for €29 per booking. You send it yourself and keep the payout.
See also: the airline rejected your claim and extraordinary circumstances explained.
FAQ
The airline says it was a safety issue. Does that change anything?
No. Every technical fault is a safety issue. The question is whether it was part of normal operations.
What if the fault was found on the previous flight?
It is still the airline's own aircraft and maintenance. A knock-on from a technical fault is normally not extraordinary either.
How much can I get?
€250 up to 1,500 km, €400 for 1,500–3,500 km and for intra-EU flights over 1,500 km, €600 above 3,500 km, per passenger.