The European Union’s highest court has declared that lightning strikes on aircraft may be classified as ‘extraordinary circumstances,’ potentially exempting airlines from compensating passengers for significant delays or cancellations. This landmark ruling emerged from a case brought by a passenger who experienced a seven-hour delay on a flight from Romania to Austria after the aircraft was struck by lightning and required replacement. The Court of Justice of the European Union (CJEU) emphasized that such incidents necessitate mandatory safety inspections, which can justify the airline’s exemption from compensation obligations. However, the court also stipulated that it is the responsibility of national courts to determine whether the airline implemented all reasonable measures to mitigate the impact of such extraordinary events. This decision aligns with a 2017 ruling where the CJEU categorized bird strikes as extraordinary circumstances, further solidifying the legal framework for airline liability in unforeseen situations.
