D (Decision relative a la gestion du trafic aerien) (Air transport - Compensation to passengers in the event of a long delay or cancellation of a flight - Judgment) [2026] EUECJ T-134/25 (21 January 2026)

D (Decision relative a la gestion du trafic aerien) (Air transport - Compensation to passengers in the event of a long delay or cancellation of a flight - Judgment) [2026] EUECJ T-134/25 (21 January 2026)

An air traffic management decision may constitute an 'extraordinary circumstance' under Article 5(3) of Regulation No 261/2004, irrespective of the duration or reason for the delay, if it is established that the decision was beyond the actual control of the air carrier and the carrier did not contribute to it. Furthermore, such a decision affecting a previous flight in rotation may be relied upon as an extraordinary circumstance for a subsequent delayed flight, provided there is a direct causal link, which is for the referring court to assess.

Citation
[2026] EUECJ T-134/25
Parties
Applicant: D S. A.; Respondent: P S. A.
Jurisdiction
European Union
Judgment Date
21 January 2026
Procedural Posture
Preliminary Ruling / Final Judgment
Outcome
Preliminary ruling issued; interpretation of Article 5(3) of Regulation No 261/2004 provided.
Legal Topics
Flight Delay Compensation, Extraordinary Circumstances, Air Traffic Management Decisions, Regulation (ec) No 261/2004
European Union Law Aviation Law Consumer Protection Flight Delay Compensation Extraordinary Circumstances Air Traffic Management Decisions Regulation (ec) No 261/2004

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

D S. A.

Applicant

P S. A.

Respondent

Procedural Posture

Preliminary Ruling / Final Judgment

Legal Issues

  1. 1 Whether every air traffic management decision constitutes an 'extraordinary circumstance' under Article 5(3) of Regulation No 261/2004
  2. 2 Whether the reason for the air traffic management decision is relevant to its classification as an extraordinary circumstance
  3. 3 Whether an air traffic management decision affecting a previous flight in rotation can be relied upon as an extraordinary circumstance for a subsequent delayed flight

Ratio Decidendi

An air traffic management decision may constitute an 'extraordinary circumstance' under Article 5(3) of Regulation No 261/2004, irrespective of the duration or reason for the delay, if it is established that the decision was beyond the actual control of the air carrier and the carrier did not contribute to it. Furthermore, such a decision affecting a previous flight in rotation may be relied upon as an extraordinary circumstance for a subsequent delayed flight, provided there is a direct causal link, which is for the referring court to assess.

Court Disposition

Preliminary ruling issued; interpretation of Article 5(3) of Regulation No 261/2004 provided.

Orders

  • Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that an air traffic management decision may constitute an 'extraordinary circumstance' if it was beyond the actual control of the air carrier and the carrier did not contribute to it.
  • Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that an air carrier may rely on an air traffic management decision affecting a previous flight operated with the same aircraft as an extraordinary circumstance for a subsequent delayed flight, provided there is a direct causal link.