The European Court of Justice (ECJ) has issued a ruling that could significantly shift the liability landscape for airlines facing disruptions caused by extraordinary events, specifically opening the door for exemptions from passenger compensation claims following incidents like lightning strikes. The decision, released Thursday, centers on a case involving Austrian Airlines and raises questions about the balance between passenger rights and the unpredictable nature of aviation.
The case originated from a flight operated by Austrian Airlines, which was struck by lightning shortly before landing in Iasi, Romania. Following the incident, mandatory safety checks ensued, preventing the onward flight to Vienna from proceeding as scheduled. A passenger, ultimately arriving in Vienna over seven hours late via an alternative flight, initiated legal action, transferring potential claims to Airhelp, which sought compensation of €400 from Austrian Airlines.
Austrian Airlines argued that the lightning strike and the resulting safety protocols constituted an “extraordinary circumstance” effectively releasing them from their obligation to pay compensation. The ECJ’s ruling affirms this line of reasoning, stating that a lightning strike necessitating safety inspections falls outside the normal course of an airline’s operations and is beyond their control.
While acknowledging the airline’s potential exemption, the court stressed a crucial caveat. To successfully evade compensation obligations, airlines must demonstrate they took “all reasonable measures” to avoid the occurrence of the extraordinary circumstance and mitigate its consequences. This places the onus on Austrian Airlines to prove they acted responsibly in the aftermath of the lightning strike.
The decision highlights a potential loophole that could allow airlines to sidestep passenger compensation claims, even in situations stemming from relatively common, yet unpredictable, events. While passenger advocacy groups are likely to express concerns about the erosion of established rights, the ruling emphasizes the need for airlines to actively manage risk and demonstrably exhaust all mitigation efforts when faced with unforeseen disruptions. The responsibility now falls to the Austrian court to assess whether Austrian Airlines met this standard in the specific context of the lightning strike incident (Case C-399/24). The outcome could set a precedent for how similar situations are handled across the European Union, potentially altering expectations for both airlines and passengers alike.
