ANSWER · UK 261 AND EC 261
The airline says extraordinary circumstances. What does that actually mean?
Art. 5(3) releases the carrier from compensation where it proves the disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Wallentin-Hermann set the test in 2008: the event must be one that by its nature or origin is not inherent in the normal exercise of the carrier's activity and is beyond its actual control.
REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
Which side the common causes fall
| CAUSE | EXTRAORDINARY? | AUTHORITY |
|---|---|---|
| Technical fault, including premature component failure | No | Wallentin-Hermann, van der Lans |
| Strike by the airline's own staff, official or wildcat | No | Krüsemann, Airhelp v SAS |
| Captain or crew sickness | No | Lipton (UK Supreme Court) |
| Bird strike | Yes | Pešková |
| Airspace closure after a volcanic eruption | Yes | McDonagh |
| Unruly passenger forcing a diversion | Yes | TAP |
The second half of the test
Proving the event is only step one. The carrier must also prove it could not have avoided the consequences even by taking all reasonable measures, which is a question about this flight and this schedule rather than about the event in general.
Wallentin-Hermann adds that meeting the minimum maintenance rules does not by itself establish reasonable measures, and TAP adds that re-routing options on other airlines count towards them.
What the excuse does not touch
The Art. 9 duty of care. McDonagh is explicit that it survives an extraordinary circumstance and runs for the whole wait, without a monetary ceiling.
THE JUDGMENTS BEHIND THIS ANSWER
SOURCES
- Regulation (EC) No 261/2004, Art. 5(3) · EUR-Lex · checked 7 August 2026
- Case C-549/07 Wallentin-Hermann v Alitalia, judgment of 22 December 2008 (ECLI:EU:C:2008:811) · EUR-Lex · checked 7 August 2026
- Case C-12/11 McDonagh v Ryanair, judgment of 31 January 2013 (ECLI:EU:C:2013:43) · EUR-Lex · checked 7 August 2026
- Lipton and another v BA Cityflyer Ltd [2024] UKSC 24, judgment of 10 July 2024 · The National Archives (Find Case Law) · checked 7 August 2026
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