Check my flight

The airline said no

A crew member was ill, or there was no crew

Crew illness is the airline's risk. Courts in the EU and the UK have both said so.

Strong answer

These rulings are about illness or death shortly before departure. If the airline blames a crew shortage for another reason, it must still prove the cause, but none of these rulings settles that.

What the courts and the law say

  • TAP Portugal v flightright and Myflyright (C-156/22 to C-158/22, 11 May 2023). The unexpected absence of an essential crew member through illness or death shortly before departure is not an extraordinary circumstance. Read it
  • Lipton v BA Cityflyer ([2024] UKSC 24, 10 July 2024). The UK Supreme Court held unanimously that a pilot falling ill was not an extraordinary circumstance. Read it
  • UK261, Article 2(o). Since 14 December 2023 UK261 defines extraordinary circumstances. The event must by its nature or origin not be inherent in the airline's normal activity, must be beyond its actual control, and the airline must have taken all reasonable measures but still been unable to avoid it. An air traffic management decision counts if it could not have been avoided even if all reasonable measures had been taken. The airline has to prove this (Articles 5(3) and 6(4)). Read it

Only for UK261 claims: Lipton v BA Cityflyer, UK261, Article 2(o).

TAP Portugal came after 2020, so it does not bind UK courts, but they may have regard to it. The UK Supreme Court called it persuasive in Lipton. UK261 replies cite Lipton.

We read each ruling in the official text on 3 and 4 November 2026. The EU has adopted new EU261 rules that apply from 23 October 2027 (Regulation (EU) 2026/2202). Until then the current rules apply. We have not yet confirmed how the new rules treat earlier flights, and we will update this site before that date. Not legal advice.

Your reply

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Which law did you claim under?

If it still says no

For EU261, complain to the national enforcement body of the country where it happened, use an Alternative Dispute Resolution body, or use the European Small Claims procedure. For UK261, use the airline's Alternative Dispute Resolution scheme, or the UK CAA if it has none.

Want a person to look at your case? In England and Wales, try Citizens Advice, whose flight delay page lists a consumer helpline. If you live in the EU, Norway or Iceland, your European Consumer Centre gives free advice on your rights when you travel in another country there.

Rather not argue?

AirHelp and Compensair both say they can take a claim the airline has already refused. No win, no fee, but they keep a share when they win, so check the fee first.

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