Several cases were brought to the EU’s Court of Justice after German airline TUIfly said a 2016 “wildcat strike” – one not formally initiated by a trade union – was an extraordinary event, and so it was not liable to compensate for delays. However, the Court has now decided that this event could in fact not be classified as an extraordinary circumstance and airlines have to pay compensation to passengers for delays caused by wildcat strikes that result from management decisions.
EU Regulation 261/2004 establishes common rules on compensation and assistance to passengers in the event of a denied boarding, cancellation or delay. However, in the case of an “extraordinary circumstance”, the Regulation states that the carrier is not obliged to pay any compensation.
In September 2016, Tuifly had announced a surprise restructuring of the company, in response to which staff placed themselves on sick leave for a week, until the company reached an agreement with the employees. During this wildcat strike many Tuifly flights were cancelled or delayed by more than three hours, but the airline denied passengers the usual compensation, stating that the strike fell under extraordinary circumstances that are beyond the company’s control.
Nonetheless, the Court disagrees with TUIfly, saying such circumstances are only applicable if they were not part of the normal activity of the airline and were beyond its control. However, according to the Court, the response of the Tuifly staff to the company restructuring is part of the normal course of business, and Tuifly was also able to control the strike by reaching a deal with its staff. And so, the ECJ decided last Tuesday that TUIfly did in fact have to compensate the passengers.
Hence, when you as a passenger also experienced a delay or cancellation because of a wild strike, do not hesitate to file a claim and get compensation! FlightClaimEU always carefully watches these kind of developments and can file this claim for you with all necessary knowledge and experience.