No Payout for Lightning Strike Flight Delays

The European Court of Justice (ECJ) has ruled that airlines are generally not required to compensate passengers for flight delays if the delay is a direct result of a lightning strike that necessitates mandatory safety inspections. This ruling clarifies the interpretation of "extraordinary circumstances" under EU passenger rights regulations.

Key Points

• The ECJ determined that a lightning strike can be classified as an "extraordinary circumstance" that exempts airlines from paying compensation for flight delays.
• This exemption applies specifically when the lightning strike necessitates a safety inspection of the aircraft before it can resume operation.
• Airlines are still obligated to demonstrate they took reasonable measures to mitigate the delay.
• The specific case involved an Austrian airline where a lightning strike prompted a safety check, leading to a passenger arriving in Vienna over seven hours late.
• The EU's Fluggastrechteverordnung (air passenger rights regulation) mandates compensation for significant flight delays unless "extraordinary circumstances" are the cause.
• Examples of extraordinary circumstances include airport staff strikes, extreme weather, medical emergencies, and sudden onboard technical issues affecting safety.

Background

The EU's Fluggastrechteverordnung (Regulation (EC) No 261/2004) establishes common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays. A key aspect of this regulation is the "extraordinary circumstances" clause, which allows airlines to avoid paying compensation if the disruption is caused by events beyond their control.

The interpretation of what constitutes an "extraordinary circumstance" has been subject to legal challenges. Airlines often argue for a broad interpretation to minimize compensation payouts, while passenger rights advocates push for a narrower definition to protect travelers. This ECJ ruling provides further clarification on the application of this clause, specifically addressing the scenario of lightning strikes.

Numbers & Facts

• ECJ Ruling Date: October 16, 2025
• Case Number: C 399/24
• Affected Airline: An Austrian airline
• Delay experienced by the passenger: More than seven hours
• Compensation Claimed: 400 Euros
• Legal Basis: EU Fluggastrechteverordnung (Regulation (EC) No 261/2004)

Assessment

This ruling is a mixed bag for passengers and airlines. Airlines benefit from the clarification that lightning strikes, requiring safety inspections, fall under "extraordinary circumstances," potentially reducing compensation costs. However, they must still prove they took reasonable steps to minimize the delay.

Passengers may find it more difficult to claim compensation in cases involving lightning strikes. However, the ruling emphasizes that airlines cannot simply claim "extraordinary circumstances" without justification. The onus is on the airline to demonstrate that the safety inspection was necessary and that they took reasonable steps to mitigate the resulting delay. National courts will now have to assess these factors on a case-by-case basis.

Outlook

The ECJ ruling provides a framework for handling flight delay compensation claims related to lightning strikes. National courts within the EU will now be responsible for applying this framework to individual cases. This will likely lead to increased scrutiny of airline procedures following lightning strikes, with courts examining whether airlines acted reasonably in their response. Further legal challenges and clarifications on the interpretation of "reasonable measures to mitigate the delay" are possible in the future. The impact on passenger rights will depend on how consistently national courts apply the ECJ's guidance.

Source: https://www.tagesschau.de/wirtschaft/verbraucher/eugh-flug-blitz-verspaetung-100.html