On 8 October 2026, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-108/26 RX, addressing the interpretation of extraordinary circumstances under Article 5(3) of Regulation (EC) No 261/2004.
The judgment clarifies that an air traffic management (ATM) decision cannot, in itself, constitute an extraordinary circumstance. Instead, the assessment must focus on the underlying event that prompted the restriction and whether that event meets the applicable legal criteria.
Key implications for air carriers
The ruling provides important guidance for airlines assessing claims for compensation arising from delays linked to ATM restrictions.
- Assess the event behind the ATM restriction
The existence of an externally imposed ATM restriction is not sufficient on its own to establish extraordinary circumstances. Air carriers must identify the underlying event and assess whether it satisfies the relevant legal criteria.
- Consider the severity of the underlying event
Adverse weather conditions may qualify as extraordinary circumstances where they are sufficiently severe to prevent the safe operation of the flight in accordance with its original schedule. The assessment therefore depends on the specific circumstances of the case.
- Establish the causal link with subsequent delays
Where an initial disruption leads to reactionary or knock-on delays, air carriers must demonstrate how the event potentially qualifying as an extraordinary circumstance contributed to the subsequent delay for which compensation is claimed.
Clarification of the three-hour compensation threshold
The judgment also addresses the calculation of the delay relevant to compensation where multiple causes are involved. The time attributable to an extraordinary circumstance must be excluded from the total delay when assessing whether the three-hour threshold for compensation has been reached, in accordance with the Court’s interpretation.
This makes the identification of the underlying event, the establishment of causation and the documentation of its operational impact particularly important when assessing individual claims.
Implications for airlines
The judgment underlines the importance of a case-by-case assessment of delays involving ATM restrictions. For air carriers, establishing the nature of the underlying event, substantiating its extraordinary character and demonstrating its impact on the flight concerned are essential to applying Article 5(3) of Regulation (EC) No 261/2004.
AIRE will continue to monitor relevant EU aviation case law and regulatory developments affecting airlines and the interpretation of the EU passenger rights framework.
