The European Court of Justice (ECJ) has issued a ruling that could significantly impact passenger rights and airline liability in the event of flight disruptions. The judgment, released Thursday, establishes that a lightning strike on an aircraft, necessitating mandatory safety checks, can be considered an “extraordinary circumstance” potentially absolving airlines from paying compensation for flight cancellations or substantial delays.
The case originates from an incident involving Austrian Airlines, where a plane was struck by lightning shortly before landing in Iasi, Romania. Required safety inspections following the strike prevented the subsequent flight to Vienna from operating as scheduled, resulting in a passenger arriving more than seven hours late. The passenger had assigned their potential claim to Airhelp, which initiated proceedings in Austrian courts seeking €400 in compensation from Austrian Airlines. The airline contested the claim, arguing the lightning strike and subsequent safety measures constituted an extraordinary circumstance and that all reasonable steps had been taken to mitigate the delay.
The ECJ’s ruling clarifies that events like lightning strikes which trigger mandatory safety inspections are not part of the routine operation of an airline and are beyond its control. Crucially, to successfully argue an extraordinary circumstance and escape compensation obligations, airlines are now required to demonstrably prove they took “all reasonable measures” to avoid the occurrence and its consequences. This places a greater onus on airlines to not just acknowledge the event but to affirmatively demonstrate preventative action.
While the ruling provides airlines with a potential escape route from compensation requirements, it simultaneously introduces a new layer of scrutiny and responsibility. The Austrian court will now be responsible for evaluating whether Austrian Airlines fulfilled this crucial element in the present case, marking a significant development in the ongoing debate surrounding passenger rights and airline accountability within the European Union. This decision is likely to be analyzed closely by airlines and legal experts alike, particularly concerning the interpretation of “reasonable measures” and the potential for increased litigation. The case, formally designated C-399/24, holds potentially far-reaching implications for how airlines handle unforeseen disruptions and fulfill their obligations to passengers.