The word strike does not decide the claim. What matters is who took industrial action, its operational context and the measures available to the carrier.
Legal conditions
Industrial action by the carrier’s own staff may be inherent in normal business activity and within its control. The Court has held that both a wildcat strike linked to restructuring and a lawful staff strike are not automatically extraordinary. External action, such as an air traffic control strike, may be assessed differently.
Evidence for the specific flight
Keep the carrier’s notice, strike announcement, staff group involved, period, flight status, rerouting offers and actual aircraft rotation. The evidence must connect the action to the claimed flight rather than rely on a general aftermath assertion.
Common airline defences
The carrier must establish the cause and reasonable measures. These may include timely replanning, use of available resources and proper rerouting. The carrier is not required to make unlimited sacrifices, but administrative convenience is not enough.
Other rights beyond fixed compensation
Regardless of fixed compensation, reimbursement, rerouting and care generally remain. Passengers paying for meals, hotel or transport because of the wait should preserve receipts and show necessity and reasonableness.
Next steps without losing evidence
Identify first whether the strike was internal or external. Record the timeline, concrete measures and replacement journey offered. Do not accept a template rejection without examining the facts.
Detailed legal assessment
For Strikes and flight compensation: internal and external causes, territorial scope, the responsible operating carrier, the timeline, the cause and the specific legal consequence must be established separately. An airline’s internal status code is not decisive; verifiable facts are. The assessment distinguishes in particular industrial action within the airline, spontaneous staff reactions and external strikes involving air traffic control or airports. The review must also distinguish fixed compensation, reimbursement, rerouting, care and proven additional loss.
Decision matrix for the claim review
This matrix prevents separate legal bases from being mixed together.
| Review question | Required evidence | Legal significance |
|---|---|---|
| Who was on strike? | official notice and employer link | Helps distinguish internal from external action. |
| When was the flight cancelled? | operational decision and timeline | Shows the causal link. |
| Which alternatives existed? | reserve planning and routes | Relevant to reasonable measures. |
| Which follow-on rights arose? | waiting time and expenses | Care and travel choices remain separate. |
Evidence checklist for the file
A robust file contains more than a booking confirmation. For Strikes and flight compensation: internal and external causes, the following material should in particular be preserved:
- notice of the nature and duration of the strike
- employer and affected staff group
- flight plan and cancellation decision
- evidence of staffing, aircraft and rebooking measures
- communications about care and rerouting
Case law and practical significance
The judgment in Krüsemann and Others, joined cases C-195/17 and others is particularly relevant to this subject. The Court did not regard a wildcat strike following a restructuring announcement as extraordinary merely because it was difficult to control. Its origin and relationship to normal activity are decisive. The judgment does not replace an individual review, but it identifies the legally decisive facts and prevents unsupported airline assertions from being accepted at face value.
Strategic order of assessment
A reliable assessment follows a fixed order:
- Identify who was on strike and whose operational sphere was affected.
- Record the start, duration and specific effect on the claim flight.
- Assess whether rerouting, replacement staff or other measures were available.
- Compare carrier messages with official strike and flight information.
- Calculate compensation, care, reimbursement and extra expenses separately.
Related assessment routes
This assessment often connects with other subjects:
Check the claim systematically · Legal review and editorial responsibility
Frequently asked questions
Is every strike an extraordinary circumstance?
No. The answer depends on who strikes, the cause of the action and whether it belongs to the airline’s normal social and operational risk.
How is a strike by the airline’s own staff assessed?
Industrial action within the undertaking may form part of normal operations. The cause and relevant case law must be examined.
What applies to an air traffic control strike?
An external strike may more readily lie outside the airline’s control. Its concrete impact and the measures taken must still be proven.
Must the airline provide hotel and meals during a strike?
Care may remain due even if the strike is exonerating. Keep necessary and reasonable receipts and request assistance first where possible.
Which documents show that the strike really caused the disruption?
Official notices, dates, locations, flight status, rotation data and the actual cancellation decision are relevant. A general news article alone is not enough.