ANSWER · UK 261 AND EC 261
Can I claim when an air traffic control strike delays my flight?
Generally not. Art. 5(3) covers events outside the carrier's control, and industrial action by air traffic controllers or airport staff sits outside the airline. The Grand Chamber drew that line explicitly in Airhelp v SAS in 2021 while holding the opposite for strikes by the airline's own staff. The care duty under Art. 9 continues either way.
REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
Whose strike is it?
| WHO IS STRIKING | INSIDE OR OUTSIDE THE CARRIER | COMPENSATION POSITION |
|---|---|---|
| The airline's own pilots or cabin crew | Inside | Generally payable (Krüsemann, Airhelp v SAS) |
| Air traffic controllers | Outside | Generally not payable |
| Airport ground handling or security staff | Outside | Generally not payable |
What the airline still has to show
An external strike is the start of the argument, not the end of it. The carrier has to show it took all reasonable measures, which after TAP includes looking beyond its own next departure for a re-routing, including seats on other airlines.
Care during an external strike
Art. 9 does not depend on fault. Meals, communications and accommodation remain due while you wait, on the same footing as during a weather closure.
THE JUDGMENTS BEHIND THIS ANSWER
SOURCES
- Case C-28/20 Airhelp v SAS, judgment of 23 March 2021 (Grand Chamber, ECLI:EU:C:2021:191) · EUR-Lex · checked 7 August 2026
- Case C-74/19 LE v Transportes Aéreos Portugueses, judgment of 11 June 2020 (ECLI:EU:C:2020:437) · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 5(3) · EUR-Lex · checked 7 August 2026
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