C-308/21 · 2022 · EC 261
KU, OP and GC v SATA International - Azores Airlines SA
A general failure of an airport's fuelling system can be an extraordinary circumstance. The Court held on 7 July 2022 that refuelling is normally part of an airline's activity, but where the airport is responsible for the fuelling system a generalised breakdown is external to the carrier and beyond its actual control, unlike a fuel problem confined to a single aircraft. Reasonable re-routing efforts must still be shown.
REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
- COURT
- Court of Justice of the European Union (Eighth Chamber)
- CASE NUMBER
- C-308/21
- JUDGMENT
- 7 July 2022
- CITATION
- ECLI:EU:C:2022:533
What the case was about
Lisbon airport's refuelling system failed from 13.19 on 10 May 2017, forcing a reorganisation of all operations from the hub and refuelling at nearby airports.
One Ponta Delgada flight arrived 5 hours and 15 minutes late, a connecting passenger missed the onward flight to Santa Maria, and another flight was cancelled outright.
What it changed
- It drew the line that later decided the baggage handling cases: infrastructure the airport manages is outside the airline, systems on the aircraft are inside it.
- The carrier keeps the burden on the second limb, including timely re-routing on other operators where that does not demand an intolerable sacrifice.
- Passengers on knock-on flights from the same failure are assessed against the same event.
SOURCES
- Case C-308/21 KU, OP and GC v SATA International - Azores Airlines, judgment of 7 July 2022 (ECLI:EU:C:2022:533) · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 5(3) · EUR-Lex · checked 7 August 2026