Airline Staff Strike
Find out when a strike by an airline's own staff can still lead to EU261 compensation.
Overview
A strike involving an airline's own employees is not automatically an extraordinary circumstance. European case law has established that certain internal staff strikes can fall within the normal management of an airline and therefore may not remove compensation liability.
Extraordinary circumstance
The identity of the striking workers matters. A strike by the airline's own staff can be treated differently from an external strike involving airport staff, air traffic controllers or another independent third party.
FlightClaimly claim assessment
What should be investigated?
Industrial action by an airline's own staff is not automatically extraordinary and should be distinguished from strikes by independent third parties.
Evidence to verify
- Identity and employer of the striking staff
- Strike dates and operational impact
- Airline cancellation or rebooking notices
- Mitigation and reserve-resource measures
Questions for the airline
- Were the striking workers employed by the operating airline?
- What part of the operation was affected?
- What mitigation measures were available and used?
Signals that deserve a closer look
- Airline labels every strike as extraordinary without identifying the workers
- Internal crew strike presented as an external airport strike
Next step: Identify who was striking before classifying the event under EU261.
Passenger rights under EU261
Passengers affected by a qualifying internal airline strike may be entitled to fixed EU261 compensation if the other conditions are met. Care, rerouting and reimbursement rights should also be considered separately.
Compensation rules
The identity of the striking workers matters. A strike by the airline's own staff can be treated differently from an external strike involving airport staff, air traffic controllers or another independent third party.
Statistics
Strike claims must distinguish internal airline labour action from external industrial action.
Strikes by an airline's own staff are not automatically extraordinary.
Third-party industrial action can receive different treatment.
Fixed EU261 compensation may apply depending on the facts.
Timeline
The first task in a strike claim is identifying who was striking and why the flight was affected.
- 1
Industrial action
A strike or work stoppage affects airline operations.
- 2
Actor identified
The workers are classified as airline staff or an external third party.
- 3
Operational response
The airline's mitigation measures and actual flight impact are reviewed.
- 4
Compensation assessment
EU261 liability is assessed from the specific strike circumstances.
Frequently asked questions
Is a strike by airline staff an extraordinary circumstance?
Normally not. The EU Court of Justice has ruled that a strike by the airline's own staff is normally not an extraordinary circumstance (case C-195/17, 2018, and C-28/20, 2021). You may therefore be entitled to compensation if the other EU261 conditions are met.
What if air traffic controllers or airport staff go on strike?
A strike by staff who are not employed by the airline, such as air traffic controllers or airport staff, can count as an extraordinary circumstance. In that case the airline normally does not have to pay standard compensation.
Can I be entitled to compensation if my flight is cancelled because of a strike?
If the airline's own staff went on strike and you were told about the cancellation less than 14 days before departure, you may be entitled to €250–€600 per passenger depending on the flight distance.
Do I lose my right to meals, a hotel or rebooking?
No. The right to meals, refreshments, a hotel if needed and rebooking or a refund applies even when the strike counts as an extraordinary circumstance.
What should I keep if my flight was affected by a strike?
Keep your booking confirmation, boarding pass, the airline's messages about the delay or cancellation and receipts for expenses.
Related knowledge
Explore more information related to airline staff strike, passenger rights and flight compensation under EU261.