C-28/20 · 2021 · EC 261
Airhelp Ltd v Scandinavian Airlines System Denmark, Norway, Sweden
A lawful strike called by a trade union of the carrier's own staff is not an extraordinary circumstance. The Grand Chamber held in 2021 that industrial action taken in line with national notice rules, to press the demands of that carrier's own workers, is inherent in the normal exercise of the airline's activity and within its control.
REVIEWED AGAINST RULE SET V5 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
- COURT
- Court of Justice of the European Union (Grand Chamber)
- CASE NUMBER
- C-28/20
- JUDGMENT
- 23 March 2021
- CITATION
- ECLI:EU:C:2021:191
What the case was about
SAS pilots struck for seven days in April 2019 during collective bargaining, and thousands of flights were cancelled.
SAS argued that a lawful, union called strike is imposed on the business from outside and therefore excuses the cancellations.
What it changed
- It extended Krüsemann from an unofficial walkout to a fully lawful one, which was the airlines' remaining strike argument.
- The distinction that survives is who is striking. Action by the carrier's own staff sits inside the business; action by air traffic controllers or airport staff is external.
- The Court noted that a strike is a foreseeable part of collective bargaining, so the carrier can plan for it.
- Decided after the Brexit transition ended, so it binds under EC 261 only. UK courts may have regard to it for UK 261 but are not bound; Krusemann, decided in 2018, remains retained law on unofficial strikes.
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
- Joined Cases C-195/17 and others, Krüsemann v TUIfly, judgment of 17 April 2018 (ECLI:EU:C:2018:258) · EUR-Lex · checked 7 August 2026