Air traffic control decision: no longer a valid reason to refuse compensation
FR

Translated into English.

Original post
EL
Hello, The Court of Justice of the European Union delivered judgment C-108/26 on October 8, 2026. https://infocuria.curia.europa.eu/tabs/document/C/2026/C-0108-26-00000000RX-01-P-01/ARRET/327747-FR-1-html Point 3 of the “operative part” (quoting): "Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that: an air traffic management decision cannot, in itself and regardless of the reasons behind it, constitute an ‘extraordinary circumstance’ within the meaning of that provision. Instead, the reason for such a decision must be taken into account by examining, on a case-by-case basis, whether the event that led to its adoption is not, by its nature or origin, inherent in the normal exercise of the activity of the air carrier concerned and beyond its actual control." (end of quote). An airline can no longer simply claim that a cancellation or delay was due to an air traffic control decision to avoid its compensation obligation. It must also PROVE that the event leading to that decision is not, by its nature or origin, inherent in the normal operation of the airline’s activities and beyond its effective control. Best regards,

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