Airhelp/SAS ruling (C-28/20): pre-notified internal staff strikes

By the Robin des Airs team · Published on January 31, 2026 · Updated on March 30, 2026

The Airhelp Ltd v Scandinavian Airlines System SAS ruling (CJEU, 23 March 2021, C-28/20) completes the Krüsemann (2018) case law on airline staff strikes.

The decision

The Court held that a strike by an air carrier's own staff, even if announced in accordance with national law, does not constitute an extraordinary circumstance under Article 5(3). Labour relations and internal strike risks are inherent to the carrier's activity.

Extending Krüsemann

  • Krüsemann (C-195/17): spontaneous own-staff strike → not extraordinary
  • Airhelp/SAS (C-28/20): legally pre-notified own-staff strike → not extraordinary either

By contrast, a strike by external staff (ATC, airport workers) may, depending on the facts, be extraordinary — with a duty to prove reasonable measures (Eglītis).

Hub: EC 261 CJEU case law

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Frequently Asked Questions

Does a pre-notified strike exempt the airline?
Not if it concerns the airline's own staff. Airhelp/SAS (C-28/20): even when legally pre-notified, an internal strike is not an extraordinary circumstance.
Difference from Krüsemann?
Krüsemann (C-195/17) covered spontaneous strikes. Airhelp/SAS extends the rule to legally pre-notified strikes — the spontaneous/pre-notified distinction is irrelevant for own staff.
What if my airline cites a strike?
Check whether the strike involves own staff (Krüsemann, Airhelp/SAS) or external parties (ATC, airport workers). Demand proof of reasonable measures (Eglītis).

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General information. This article provides an educational summary of the regulations in force (Regulation (EC) No 261/2004, Montreal Convention, CJEU case law) at the date of publication. It does not constitute personalized legal advice or an attorney consultation. To assess your individual situation, contact Robin des Airs (representation mandate) or a lawyer specialized in aviation law. The amounts, deadlines and examples mentioned are indicative and may evolve according to court decisions and regulatory updates.