Strikes and flight compensation: when you are owed money and when you are not
Whether a strike cancels your right to compensation depends on who is on strike. If the airline's own staff strike over pay, restructuring or working conditions, the EU Court says it is not an extraordinary circumstance, so you are likely owed compensation. If air traffic controllers or airport staff strike, the airline may be excused from paying compensation, though it must still look after you.
Last updated: 5 October 2026.
The basic rule
Under Article 5(3) of Regulation (EC) No 261/2004, an airline need not pay compensation for a cancellation or a long delay if it proves that the cause was an extraordinary circumstance that it could not have avoided even with all reasonable measures. Recital 14 of the Regulation lists "strikes that affect the operation of an operating air carrier" as something that may be extraordinary, but the EU Court has made clear that this is not automatic: each strike is assessed by whether it is inherent in the airline's normal activity and whether it is outside the airline's actual control.
Strikes by the airline's own staff: not an extraordinary circumstance
The European Commission's guidelines, which summarise the Court's case law, set out these rulings:
- Pay and working conditions. A strike by the staff of the operating airline connected with demands about the employment relationship, such as pay negotiations, is not an extraordinary circumstance (Case C-28/20, Airhelp). This also applies to strikes organised by trade unions.
- Wildcat strikes. The same goes for a "wildcat strike" called by airline staff after a surprise restructuring announcement (Case C-195/17, Krüsemann).
- Solidarity strikes. A strike by an airline's staff in solidarity with action against the parent company is not extraordinary either (Case C-613/20, Eurowings).
- Enforcing workers' claims at the parent company. Strike measures taken to enforce those claims are not extraordinary, and it does not matter whether there were prior negotiations with employee representatives (Case C-287/20, Ryanair).
In all of these cases, the airline cannot use the strike to avoid paying compensation, provided the delay at your final destination was at least three hours, or your flight was cancelled without the notice and rerouting that the Regulation requires.
Strikes by others: possibly an extraordinary circumstance
- Air traffic controllers and airport staff. Strikes that are external to the airline, such as action by air traffic controllers or airport staff, may be extraordinary circumstances because they fall outside the airline's activity and are beyond its actual control (Case C-28/20, Airhelp).
- Strikes over demands only the authorities can meet. If a strike originates from demands that only public authorities can satisfy, so the airline cannot influence them, it can be an extraordinary circumstance (Case C-28/20, Airhelp).
- Shortage of airport baggage-loading staff. A shortage of staff of the airport operator responsible for loading baggage may also be extraordinary (Case C-405/23, Touristic Aviation Services).
Even when the strike is external, the airline must still show that it took all reasonable measures, for example by rerouting passengers on other flights and by organising its resources so that it can fly again as soon as the strike ends.
What you are owed even if the strike is extraordinary
An extraordinary circumstance only removes the right to compensation. The airline still owes you:
- the choice between a refund of the ticket and rerouting (Article 8);
- care while you wait, meaning meals and refreshments, a hotel if an overnight stay is needed, transport to the hotel, and two calls or emails (Article 9). The Court confirmed that the duty of care applies even in extraordinary circumstances that last a long time (Case C-12/11, McDonagh).
If the airline does not provide care, you can claim back necessary, reasonable and appropriate expenses. Keep your receipts. See our guide on meals, hotel and expenses.
How to tell which kind of strike it was
- Ask the airline for the exact cause in writing. "Strike" is not enough: who was on strike, and why?
- Check the news for the date. A strike by air traffic control or airport security is publicly reported. A strike by the airline's own pilots or crew is too.
- Remember who must prove it. The airline carries the burden of proof, and the Commission's view is that it should provide its evidence to you free of charge.
Frequently asked
My flight was cancelled because pilots of my airline were on strike. Am I owed compensation?
Very likely yes, if the cancellation was not announced at least two weeks ahead or you were not rerouted within the time limits in Article 5(1)(c). The Court has ruled that strikes by an airline's own staff over pay or restructuring are not extraordinary circumstances.
My flight was cancelled because air traffic controllers were on strike. Am I owed compensation?
Probably not, if the airline proves that the strike caused the cancellation and that it took all reasonable measures. You still have the right to a refund or rerouting and to care.
What if the strike was announced weeks ahead?
For a cancellation, being informed at least two weeks before departure removes the right to compensation under Article 5(1)(c), whatever the cause. The airline carries the burden of proving when and whether you were informed.
Sources
This guide is general information based on the sources above, not legal advice. Each strike is judged on its own facts.
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