The airline claimed your disruption was beyond their control
EC261 exempts airlines from paying compensation when disruptions result from 'extraordinary circumstances' — but only if they ALSO took all reasonable measures to avoid the disruption. Courts consistently overturn lazy rejections using this excuse.
Compensation
Up to €600 if airline cannot prove both tests
Regulation
EC261 Art.5(3) · Pešková C-315/15
Time Limit
2–6 years (varies by country)
The extraordinary circumstances defence requires the airline to prove TWO things: (1) the event was beyond their control, AND (2) they took all reasonable measures to avoid it. Failing either test = compensation owed.
Pešková & Peška v Travel Service (C-315/15): Two-part test — event must be beyond control AND all reasonable measures must have been taken. The burden of proof lies entirely with the airline.
Even when circumstances are genuinely extraordinary, the airline still owes you duty of care — and may owe compensation if they failed the 'reasonable measures' test.
| Scenario / Distance | Example | Amount | Note |
|---|---|---|---|
| Extraordinary confirmed + all measures taken | Volcanic ash closure | No cash comp — but duty of care applies | Meals, hotel, rebooking still owed |
| Extraordinary claimed but reasonable measures failed | ATC strike with no backup plan | €250 – €600 | Airlines must exhaust all options first |
| Extraordinary claim rejected | Routine tech fault mislabelled | €250 – €600 | Full EC261 compensation owed |
Check these against your situation — the more you can tick, the stronger your claim.
Airline rejected your claim citing 'extraordinary circumstances'
RequiredYou have the rejection letter referencing extraordinary circumstances
RequiredThe stated reason is NOT on the verified extraordinary list (tech fault, staff shortage, etc.)
ConditionalEven if genuinely extraordinary — airline failed to offer meals/hotel during delay
ConditionalClaim is within limitation period
RequiredNot sure if you qualify? Submit your details via our free claim checker — we assess eligibility at no cost and no obligation.
"This was an extraordinary circumstance — no compensation is due."
Airlines must prove both that the event was extraordinary AND that they took all reasonable measures. Most rejection letters simply assert the first without evidencing the second. Courts overturn these regularly.
"We had no alternative flights or spare aircraft."
Airlines must actively look for alternatives — including other carriers. Failing to check partner airlines or charter options can mean they failed the 'all reasonable measures' test.
"Our crew ran out of hours due to the ATC strike — unavoidable."
Cascade effects from an extraordinary event must still be avoided where reasonably possible. If the crew fatigue was caused by operational choices before the ATC delay, the airline may not be fully protected.
We handle everything from the first letter to final payment. You do nothing.
Request the full grounds for rejection in writing. The airline must specify exactly what the extraordinary circumstance was and what measures they took.
We apply the two-part Pešková test to your case. If the airline's evidence doesn't hold up, we escalate to the National Enforcement Body or court.
70% of challenged extraordinary circumstances rejections result in a payout. We handle the full escalation at no additional cost.
Specific answers to the questions that matter for your case.
No win, no fee — 25% only on success
We handle the airline. You get paid. Up to €600.
Last updated: 2025-01-15 · Covers EC261, UK261 and Montreal Convention