Court of Justice: lightning strike on aeroplane may be an extraordinary circumstance
A lightning strike in an aeroplane can be seen as an extraordinary circumstance. This means that an airline does not have to compensate its passengers if a long delay or cancellation is caused by mandatory security checks due to the impact.
Lightning strike at flight causes more than 7 hours delay
An Austrian Airlines plane would fly on to Austria after a stopover in Romania. But shortly before landing in Iași (Romania), it is struck by lightning. Due to the mandatory security checks that must take place afterwards, the aircraft cannot operate the next flight to Vienna (Austria).
A passenger who was supposed to travel on that flight eventually arrives in Vienna on a replacement flight, with a delay of more than seven hours. The passenger transfers his right to compensation to AirHelp, which claims €400 from Austrian Airlines on his behalf.
Austrian Airlines states it had no influence on the situation
Austrian Airlines claims that the lightning strike and the security checks constituted an extraordinary circumstance. That means that it's a situation the airline could not control. The company says that it had taken all reasonable measures to limit the delay. Therefore, based on EU rules on passenger rights, the airline considers that it does not have to compensate the passenger in this case. The Austrian court asks the Court of Justice to clarify the term extraordinary circumstance.
Court of Justice points out the importance of air passengers' safety
The Court of Justice of the European Union (CJEU) ruled that a lightning strike can indeed be considered an extraordinary circumstance if it results in security checks that delay the aircraft's deployment beyond the expected time.
According to the Court, the European legislator has determined that weather conditions that make it impossible to perform a flight safely (such as lightning strikes) fall within the concept of 'extraordinary circumstances'.
A lightning strike and the subsequent mandatory security checks are not part of an airline's normal operations. It is something the airline cannot influence in any way. This explanation ensures that passenger safety remains paramount. It prevents airlines from taking risks or skipping necessary checks only to let flights depart on time.
However, the airline must still prove it has taken all reasonable measures to prevent or mitigate the consequences of the lightning strike (such as a long delay). Otherwise, the airline would still have to compensate the passenger. It is up to the Austrian court to assess whether Austrian Airlines has done so in this case.
Want to know more?
The full judgment C-399/24 can be found on the website of InfoCuria (case law of the Court of Justice) CURIA - Documents (europa.eu).