Compensation for flight delays is a major agenda for air carriers, as they must thoroughly assess the legitimacy of individual passenger claims. A key element of this assessment is the possible existence of so-called extraordinary circumstances, enshrined in European legislation. These allow carriers to be exempt from the obligation to pay compensation in cases where an event occurs that they could not foresee or influence and which is beyond their control.

The Court of Justice of the European Union has now expressly confirmed that such extraordinary circumstances include a lightning strike if it requires the aircraft to undergo mandatory safety checks. These checks may cause delays that are not attributable to the carrier and the air carrier may be held liable for the delay.

The Court's decision confirms an important principle - safety always comes first in aviation. It also reminds us that each claim must be assessed individually and in the light of all the facts. For carriers and passengers, this is a further clarification of the rules, which helps to prevent legal disputes and contributes to greater legal certainty in the field of air transport.

Do you need advice on passenger claims, delay compensation or other aviation law issues? Do not hesitate to contact us - we will be happy to help you ensure legal certainty in all matters of air transport.