Hello,
There is NO case of "force majeure" that exempts an airline from compensating passengers under Article 7 of Regulation 261/2004 of the European Parliament and Council.
The only exempting circumstance, under the SINE QUA NON condition of providing PROOF, is the occurrence of (I quote) "extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken" (end of quote).
Moreover, point 20 of the Wallentin Hermann C-549/07 ruling by the Court of Justice of the European Union strictly enforces the application of Article 5, paragraph 3 of the regulation. Additionally, the jurisprudence of the same Court (cases Sturgeon C-402/07 and Wallentin Hermann C-549/07) specifies that these must be events which, by their nature or origin, are not inherent to the normal activity of the air carrier concerned and are beyond its effective control.
Furthermore, the ruling in the Wallentin Hermann C-549/07 case, particularly the first point of its decision and points 39 to 41, states that for an airline to be exempt from its obligation to compensate passengers, it must prove that even by deploying all its staff resources, it could not have prevented the extraordinary circumstances from leading to the flight cancellation.
In addition, the "Commission Communication" 2016/C 214/04, published in the Official Journal of the European Union on June 15, 2016, in its Article 4.2, reiterated in the same terms by the "Commission Communication" C/2024/5687 of September 25, 2024, not only confirms the obligations of airlines but also adds:
1° that the airline must offer the choice between the three options simultaneously upon cancellation;
2° that re-routing as soon as possible must be sought by the airline with any carrier, even outside the same alliance, and even by another mode of transport, at no additional cost to the passenger, even if transported in a higher class or at a higher fare than the initial service.
As a result of all the above, bad weather MAY (but only MAY) exempt an airline from compensating passengers. Specifically, even in cases of extraordinary circumstances, even if proven (including weather), compensation is still due if the airline did not re-route the passenger "as soon as possible." This is precisely the case in this example:
https://retardimportantavion.wordpress.com/2024/01/12/reacheminement-catastrophique-droit-indemnisation-meme-circonstances-extraordinaires-2/.
The French part of the island of Saint Martin is indeed part of the European Union, and therefore Regulation 261/2004 applies there, particularly due to Article 355 of the Lisbon Treaty, which forms the constitutional treaty of the European Union. The status of the Dutch part of the island on this specific point is controversial.
Best regards,