Extraordinary Circumstances in Air Transport under the Carrier’s Liability Regime of Regulation (EC) No 261/2004

Abstract

This paper examines the interpretation of the concept of “extraordinary circumstances” in air transport in the context of an air carrier’s liability under Regulation (EC) No. 261/2004, which in practice constitutes a key element in assessing the grounds for exempting the carrier from liability for flight cancellations or delays. The significance of this vague legal concept lies in its decisive role in assessing passengers’ claims for financial compensation against air carriers, who very often invoke the existence of extraordinary circumstances to exclude their liability. In this context, the paper analyses the relevant case law of the Court of Justice, which defines the criteria for assessing extraordinary circumstances in specific situations, such as technical malfunctions, adverse weather conditions, or strikes. It further addresses the question of whether extraordinary circumstances constitute a general exception to the carrier’s obligations under Regulation (EC) No 261/2004 and what impact their existence has on the carrier’s liability under national law or the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention).