Do wildcat strikes count as exceptional circumstances?
If you’re a frequent flyer, you might have heard about the Krusemann and Others -v- TUIfly GmbH case that made headlines from 2018. In a nutshell, the case was about airline passengers who experienced flight delays and cancellations, and were seeking compensation from the airline. The case made waves in the travel industry, with many wondering how it would change the rules for airline passengers in the UK. In this blog post, we’ll take a closer look at the case and its outcome, and what it means for all of us who have ever been on a delayed or cancelled flight.
The Krusemann and Others -v- TUIfly GmbH case originated in Germany and was brought before the European Court of Justice (ECJ) in Luxembourg. The passengers claimed that they were entitled to compensation under EU Regulation 261/2004, which sets out rules for air passenger compensation in cases of flight delays, cancellations and denied boarding. The airline argued that the passengers were not entitled to compensation, as the delays and cancellations were caused by ‘extraordinary circumstances’, namely a wildcat strike by its staff.
The ECJ ruled that employees’ wildcat strikes did not constitute extraordinary circumstances, as these were within the control of the airline. The court said that the airline could have avoided the disruptions caused by the strikes by taking reasonable measures, such as hiring additional staff or negotiating with its employees. Therefore, the passengers were entitled to compensation under EU Regulation 261/2004.
This ruling is significant because it clarifies the circumstances under which airlines can refuse to pay compensation to passengers. In the past, airlines have often used the ‘extraordinary circumstances’ clause to avoid paying compensation, even when the situations were within their control. This ruling means that airlines cannot use this clause as a blanket excuse for non-payment, and must demonstrate that they took all reasonable measures to avoid flight disruptions.
What does this mean for UK airline passengers? First and foremost, it means that passengers who have experienced flight delays or cancellations due to wildcat strikes by airline staff may now be entitled to compensation. However, the ruling also sets a precedent for other types of ‘extraordinary circumstances’, such as severe weather or air traffic control strikes. Airlines will need to demonstrate that they took all reasonable measures to avoid flight disruptions before they can refuse to pay compensation.
Summary
The Krusemann and Others -v- TUIfly GmbH case is an important ruling for air passengers in the UK and across Europe. The ruling clarifies the circumstances under which airlines can refuse compensation, and means that passengers may be entitled to compensation for flight delays and cancellations caused by wildcat strikes.
The ruling sets a new precedent for ‘extraordinary circumstances’ and will ensure that airlines cannot use this clause as a blanket excuse for non-payment. Ultimately, this ruling is a step forward for greater airline passenger protection and rights. So, the next time you experience a flight delay or cancellation due to airline staff strikes, remember that you may be entitled to compensation under EU Regulation 261/2004.
