The airline said no
A strike
It depends whose strike. A strike by the airline's own staff is a strong case for you. A strike by air traffic controllers or airport staff may be a valid defence for the airline.
Strong answer
Ask who was on strike. For UK261 claims, the wildcat strike ruling in Krüsemann applies. The later ruling on union strikes does not bind UK courts, though they may have regard to it, so a union strike is less certain under UK261.
What the courts and the law say
- Krüsemann v TUIfly (C-195/17, 17 April 2018). A wildcat strike, where crew called in sick after the airline's surprise announcement of a restructuring, is not an extraordinary circumstance. Read it
- Airhelp v Scandinavian Airlines (C-28/20, 23 March 2021). A lawful strike called by a union of the airline's own staff, to press their demands, is not an extraordinary circumstance. The Court added that a strike by air traffic controllers or airport staff may be one. Read it
Claiming under UK261? EU rulings from before 2021 still count. UK courts decide what UK261 means in line with them (European Union (Withdrawal) Act 2018, section 6), and only the Supreme Court and certain appeal courts can depart from them. The government says its 2023 amendment restates certain of those principles. For a flight before 14 December 2023, an earlier version of the text applies.
Airhelp v Scandinavian Airlines came after 2020, so it does not bind UK courts, but they may have regard to it. UK261 replies say so.
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
Fill this in and copy the reply into an email or the airline's form. None of it leaves your device.
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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