CJEU Strengthens Passenger Rights: Airlines Must Provide Detailed Reasons for Delays

Oct 29, 2026 Benn-Ibler Rechtsanwälte

In a recent judgment, the Court of Justice of the European Union (CJEU) clarified that airlines are not automatically exempt from paying compensation for delays where the delay resulted from a decision by air traffic control.

Flight delay gave rise to compensation dispute

The case concerned proceedings arose from a flight from Izmir to Warsaw on 25 July 2023 that, which arrived at its destination more than three hours late. The delay resulted from was attributable, first, to adverse weather affecting conditions that had delayed the preceding flight and, secondly, to a technical defect that took more than two hours to repair. The passenger concerned assigned her claim for compensation claim to a company, which subsequently sought EUR 400 from the airline. The airline, however, relied on extraordinary circumstances, arguing that air traffic control had imposed a later departure time because of adverse weather conditions.

The competent Polish court subsequently referred the matter to the General Court of the European Union for a determination as to whether such a decision automatically constituted an extraordinary circumstance. In January 2026, the General Court held at first instance that a decision by air traffic control could, in principle, constitute an extraordinary circumstance, provided that the airline had no influence over it.

CJEU corrected earlier case-law

The CJEU rejected that interpretation and set aside the judgment in part. It held that the reasons for the decision taken air traffic control must always be examined. Adverse weather conditions may, for example, constitute extraordinary circumstances where they prevent the safe operation of a flight. The CJEU further clarified that the period of delay attributable to extraordinary circumstances may be deducted from the total delay. This applies even where the extraordinary event itself caused a delay of less than three hours.

CJEU, Case C-108/26 RX (8 October 2026)