Check my flight

The airline said no

A technical problem or fault with the aircraft

The Court of Justice has ruled against this excuse, apart from a narrow exception. A technical fault is part of running an airline.

Strong answer

The exception is narrow: something outside normal operations, such as sabotage, or a hidden manufacturing defect revealed by the manufacturer or an authority. If the airline says that, ask for the document.

What the courts and the law say

  • Wallentin-Hermann v Alitalia (C-549/07, 22 December 2008). A technical problem is not an extraordinary circumstance unless it comes from an event outside the airline's normal activity and beyond its actual control. Keeping to the minimum maintenance rules does not by itself show that the airline took all reasonable measures. Read it
  • van der Lans v KLM (C-257/14, 17 September 2015). A technical problem that came up unexpectedly, was not caused by poor maintenance and was not found in routine checks is still 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: UK261, Article 2(o).

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.

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.

AirHelp · Compensair

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