‘Foreseeability and controllability of strikes – CJEU in Airhelp (C-28/20)’

“On 23 March 2021 the CJEU issued its judgment in the case Airhelp (C-28/20), interpreting provisions of Regulation 261/2004 on air passenger rights. Specifically, this judgment confirms that in most cases the airlines will not be able to invoke strikes (industrial actions) as an extraordinary circumstance that would release them from their obligation to pay compensation to passengers of delayed or cancelled flights under Article 5 Regulation 261/2004. This case pertained to one of many flights cancelled due to a strike of SAS pilots, which strike took place between 26 April 2019 and lasted until 2 May 2019, with more than 4000 flights having been cancelled …” (more)

[Joasia Luzak, Recent developments in European Consumer Law, 10 April]

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