Aviation Update: Possibilities for airlines to deny claims for cancellation and delay

5 May 2017

Yesterday (4 May 2017), the EU Court of Justice ruled that a bird strike (a collision between a bird and an aircraft) is an extraordinary circumstance under EU Regulation 261/2004. In a long series of rulings by this Court regarding Regulation 261/2004, this is arguably the first that is favourable to airlines. Where the Advocate-General had argued that a bird strike is inherent to the airline industry, the Court on the other hand recognises that such an event is outside the actual control of the airline.

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