A wildcat strike is not a case of force majeure

(B2) A “ wildcat strike of flight personnel following the surprise announcement of a restructuring does not constitute a " extraordinary circumstance allowing the airline to release itself from its obligation to compensate in the event of cancellation or long delay of a flight, the Court of Justice indicated on Tuesday (April 17).

« The risks arising from the social consequences that accompany such measures are inherent in the normal exercise of the airline's activity. indicate the judges in a case between several customers of the tour operator TUIfly, who had seized the court of Hanover (Germany) to be compensated.

Comment: The Court had already indicated in 2012 (1) that the strike indicated with notice was not a case of force majeure, which could justify the fact of not performing the obligations of compensation and support arising from the European regulation. It reiterates this position, this time going further, deepening the rights of air passengers.

(Nicolas Gros-Verheyde)

Download the judgment (in FR - Other languages here)

(1) judgment of 4 October 2012, Finnair (case C‑22/11)