The Court of Justice of the European Union (CJEU) clarified in a ruling issued on 8 October 2026 that an air traffic management decision does not, by itself, constitute an extraordinary circumstance within the meaning of Regulation (EC) No 261/2004, as stated in a press release.
Carriers face this type of decision “in an ordinary and regular manner,” the Court notes. It is therefore necessary to identify the event that led to the decision and verify, on a case-by-case basis, whether it falls outside the carrier’s effective control. The carrier must demonstrate that the decision was taken because of a circumstance that itself was extraordinary.
The CJEU thus overturns, for the first time, a ruling rendered as a preliminary ruling by the European Union Court. On 21 January 2026, the latter had held that only the decision, and not its motive, was decisive.
Carriers face this type of decision “in an ordinary and regular manner,” the Court notes. It is therefore necessary to identify the event that led to the decision and verify, on a case-by-case basis, whether it falls outside the carrier’s effective control. The carrier must demonstrate that the decision was taken because of a circumstance that itself was extraordinary.
The CJEU thus overturns, for the first time, a ruling rendered as a preliminary ruling by the European Union Court. On 21 January 2026, the latter had held that only the decision, and not its motive, was decisive.
Delay attributable to the extraordinary circumstance must be deducted
The case concerns an Izmir-Warsaw flight that arrived more than three hours late in July 2023. The aircraft had been delayed on its previous leg, from Katowice, by a traffic-management decision related to airspace restrictions in Hungary and Romania due to the weather.
A technical fault subsequently required more than two hours of repair in Izmir. A specialized company, to whom the passenger ceded her rights, is seeking 400 euros from the carrier.
Weather conditions can constitute an extraordinary circumstance if their severity prevents the flight from operating safely and as scheduled, the Court recalls. The Polish court will have to verify this.
Such an event may be considered even if it did not, by itself, cause a delay of at least three hours. The portion attributable to it must then be deducted from the total delay to determine the right to compensation.
A technical fault subsequently required more than two hours of repair in Izmir. A specialized company, to whom the passenger ceded her rights, is seeking 400 euros from the carrier.
Weather conditions can constitute an extraordinary circumstance if their severity prevents the flight from operating safely and as scheduled, the Court recalls. The Polish court will have to verify this.
Such an event may be considered even if it did not, by itself, cause a delay of at least three hours. The portion attributable to it must then be deducted from the total delay to determine the right to compensation.
