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

In Airhelp v Scandinavian Airlines System (SAS) (C-28/20, 23 March 2021, Grand Chamber), the Court of Justice held that a strike organised by a trade union of an airline's own staff, within a legal framework and aimed in particular at securing pay increases, is not an "extraordinary circumstance". The airline therefore cannot rely on it to avoid paying compensation. The ruling completes the earlier Krüsemann case law on strikes by an airline's own staff.

The facts

A flight from Malmö to Stockholm was cancelled on the day because SAS pilots in Denmark, Sweden and Norway were on strike. The unions had called the strike after taking the view that negotiations had failed or had not progressed enough. It lasted seven days and led SAS to cancel more than 4,000 flights. SAS argued that the strike was beyond its control and that four unions striking at the same time went beyond the normal exercise of its activity.

What the Court decided

The Court rejected that argument. A strike by the carrier's own staff, called by a union to obtain better pay, does not fall within the concept of an extraordinary circumstance in article 5(3) of the Regulation. Commentators summarise the reasoning as follows: collective bargaining and the industrial action that can accompany it are part of the ordinary management of an airline.

How it fits with Krüsemann

RulingType of strikeResult
Krüsemann (C-195/17, 2018)Spontaneous strike by the carrier's own staffNot an extraordinary circumstance
Airhelp v SAS (C-28/20, 2021)Strike by the carrier's own staff, called by unions within a legal frameworkNot an extraordinary circumstance
Strike by third parties (air traffic control, airport staff)Outside the carrier's own workforceMay be extraordinary, depending on the facts; the airline must prove it took all reasonable measures (see Eglītis)

What this means for your claim

  • If your flight was cancelled or badly delayed because of a strike by the airline's own pilots or cabin crew, the airline cannot use the strike alone as a defence.
  • The other conditions of the Regulation still apply: the flight must be covered, the delay or cancellation must meet the thresholds, and the 14-day notice rules for cancellations still count (see Krijgsman).
  • If the airline blames a strike, check whose staff were striking: that is the first question.

Hub: EC 261 CJEU case law · Extraordinary circumstances

Sources

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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.