Air Traffic Management decisions as extraordinary circumstances

In its judgment of 21 January 2026, Case T-134/25, the European General Court (EGC) held that air traffic management decisions may constitute extraordinary circumstances within the meaning of Article 5 (3) of Regulation (EC) No 261/2004.

The proceedings concerned a flight that ultimately reached its destination airport with a delay exceeding three hours. This delay was, inter alia, the result of a postponement of the immediately preceding flight operated by the same aircraft, which, due to weather conditions, had been allocated a later time slot following a decision by air traffic management. The aircraft was otherwise ready for departure.

The EGC ruled that a decision by air traffic management may constitute an extraordinary circumstance irrespective of the length of the resulting delay or the circumstances giving rise to it, provided that the decision was beyond the actual control of the air carrier. Particular consideration must be given to whether the air carrier itself contributed to the issuance of that decision.

Moreover, the fact that the air traffic management decision affected not the flight in question but its immediately preceding flight does not alter its classification as an extraordinary circumstance, provided that there exists a direct causal link between the decision and the delay of the subsequent flight.

With this judgment, the EGC diverges from the previous case law of the Austrian Regional Court of Korneuburg, which consistently emphasized that air traffic management decisions do not constitute extraordinary circumstances per se, but only when such decisions themselves were taken due to extraordinary circumstances (for example, when adverse weather was the reason for the decision). This criterion had not only significantly limited the cases in which a successful reliance on extraordinary circumstances was possible but had also, in practice, placed airlines in the difficult position of having to ascertain, describe, and prove the reasons for air traffic management decisions.

The new judgment of the EGC is expected to substantially increase the likelihood of airlines successfully defending themselves against passenger claims in Austria. It remains to be seen how the Austrian courts, particularly the District Court of Schwechat and the Regional Court of Korneuburg, will respond to this decision.

Don’t hesitate to contact our Aviation Team to learn more about passenger claims in Austria.