Industrial action disrupts thousands of flights across Europe every year, and airlines almost reflexively label it an « extraordinary circumstance » to deny compensation. The Court of Justice of the European Union (CJEU) has drawn a clear line: when the strike is called by the airline's own employees, passengers remain entitled to compensation under Regulation (EC) No 261/2004.
The basics of EC 261/2004
The Regulation grants fixed compensation when a passenger experiences:
- a delay of 3 hours or more on arrival at the final destination;
- a cancellation notified less than 14 days before departure;
- an involuntary denied boarding due to overbooking.
It covers all departures from an EU airport, whatever the carrier, and arrivals into the EU operated by an EU carrier. Article 5(3) allows the airline to escape liability only if it proves the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The decisive question is therefore whether a strike qualifies.
What the CJEU has ruled
Two judgments shape the current legal landscape.
Krüsemann (C-195/17, 17 April 2018). After a surprise restructuring announcement, staff at a German carrier called in sick en masse — a so-called « wildcat strike ». The Court held that a movement triggered by a management decision is inherent in the normal exercise of the carrier's activity and within its actual control. No extraordinary circumstance; compensation was due.
Airhelp v SAS (C-28/20, 23 March 2021). Here the strike was entirely lawful: notice served by the pilots' unions, national legal framework respected, standard pay demands. The Court went further still, ruling that a lawful, pre-announced strike by the airline's own staff seeking higher wages or better working conditions is part of the normal running of the business. Collective bargaining is an ordinary feature of employment relations, and the carrier retains room to negotiate and plan. The defence failed.
Subsequent orders have confirmed this reasoning, including for cabin crew strikes and long-running industrial disputes.
Internal versus external strikes: the key distinction
Everything depends on who is striking.
- The airline's own staff — pilots, cabin crew, in-house engineers: internal, therefore compensable in principle.
- Air traffic controllers, airport employees, third-party ground handlers, or a nationwide general strike: these are outside the carrier's control and may genuinely qualify as extraordinary circumstances. Recital 14 of the Regulation mentions strikes, but case law has narrowed that reference to external action.
Even then, the airline must still prove it took all reasonable measures to limit the impact — rebooking you promptly on its own or another carrier, for example. A one-line email stating « strike » is never sufficient grounds for refusal.
How much is your claim worth?
Compensation is a flat sum based solely on the great-circle distance of the flight:
- €250 for flights of 1,500 km or less;
- €400 for intra-EU flights over 1,500 km and all other flights between 1,500 and 3,500 km;
- €600 for flights over 3,500 km outside the EU.
The ticket price is irrelevant: a discounted fare or a reward ticket attracts exactly the same amount.
Your rights beyond compensation
Regardless of the cause — and even if the strike is ultimately classified as extraordinary — the airline must:
- offer re-routing to your final destination at the earliest opportunity, or a full refund of the unused ticket;
- provide meals, refreshments, hotel accommodation and transfers during extended waits or overnight stays.
These duties of care admit no exemption. Keep every receipt: reasonable expenses are recoverable.
Building a strong file
A few documents make all the difference:
- your boarding pass and booking confirmation;
- the airline's cancellation email or SMS, which usually states the reason given;
- the actual arrival time at your final destination (doors open), which determines the 3-hour threshold;
- press coverage or union statements identifying who called the strike — airline staff or a third party.
You can look back up to 3 years
Claims may cover flights disrupted during the past three years. A flight cancelled during a 2024 or 2025 industrial dispute can therefore still be claimed today.
Check your eligibility
Airlines Quick Refund identifies the origin of the strike, applies the relevant case law and handles the full amicable claim process with the carrier. Our 35% commission is charged only if your claim succeeds — nothing is owed otherwise.
Run your flight through our compensation checker: the assessment is free and carries no obligation.