The latest judgment of the European Court of Justice provides air carriers with long-awaited legal certainty regarding the interpretation of the key concept of ‘extraordinary circumstances’ in the context of restrictions imposed by air traffic control within the meaning of Regulation (EC) No 261/2004. In the latest court case involving LOT Polish Airlines, the European Court of Justice upheld the position of carriers, prioritizing flight safety over compensation claims.
On 21 January 2026, in case T-134/25, the EU Court issued its recent judgment concerning the issue of air traffic flow management (ATFM) restrictions. The dispute focused on whether every measure and cause of ATFM restrictions constitutes an extraordinary circumstance exempting the carrier from the obligation to pay compensation for a long flight delay.
The Court clearly agreed with the carrier’s argument. In light of the ruling, ATFM decisions that result in delays are considered extraordinary circumstances because they are events external to the carrier and beyond its control. The most important thesis of the ruling states: ATFM restrictions imposed by air traffic control constitute extraordinary circumstances within the meaning of Article 5(3) of Regulation 261/2004, regardless of the reason for their occurrence and the duration of the restrictions imposed.
The EU Court also emphasised that even short delays resulting from ATFM decisions should be deducted from the total delay of at least 3 hours, above which passengers are entitled to compensation. The Court of Justice of the European Union upheld the ECJ’s position that an extraordinary circumstance may relate to an earlier flight in the rotation.
This interpretation is fundamental. It confirms that the primary objective of ATFM decisions is the safety and efficiency of the entire European air traffic control system. A carrier that has to adjust to an air traffic management authority’s order cannot be held financially liable for a decision dictated by safety considerations over which it has no influence. This is a key step towards making carriers’ liability more reasonable in situations where they are unable to prevent delays.
This is the second success in recent years for LOT Polish Airlines’ lawyers before the Court of Justice of the European Union, which strengthens the position of carriers. 13 June 2024, in Case C-411/23, the ECJ ruled on the issue of technical defects, recognising a hidden design flaw in an engine as an extraordinary circumstance. The case concerned a technical fault caused by a hidden design defect in a Rolls-Royce engine, which could not be detected during standard maintenance. The Court ruled that: The detection of a hidden design defect in an aircraft engine is covered by the concept of ‘extraordinary circumstances’, even if the air carrier was informed of the existence of such a defect by the engine manufacturer several months before the flight in question.
Both judgments introduce greater predictability and fairness to the application of Regulation 261/2004. Above all, these interpretations are also beneficial to consumers – passengers. In aviation, safety is a paramount value. Decisions to delay a flight, whether due to ATFM restrictions or the need to eliminate a technical defect, are always dictated by concern for the life and health of passengers. Air carriers strive to ensure that journeys are punctual and of the highest standard, as passenger satisfaction and their willingness to return are the keys to success. However, in the face of extraordinary events beyond their control, absolute safety remains the priority. These judgments confirm that European law supports this fundamental principle.
