Does bad weather release an airline from paying compensation?

To avoid paying flight compensation, an airline must show that it made all reasonable efforts to prevent the delay. The Supreme Court explained that bad weather does not automatically release an air carrier from paying compensation under EU Regulation No 261/2004.

NAMM attorney-at-law Kristjan Tuul represented Flagito OÜ, to whom a passenger had assigned a compensation claim for a delayed Tallinn-Antalya flight. The flight was due to leave Tallinn at 5 a.m. but departed only at 17:50. Compensation of 400 euros was therefore claimed on behalf of the passenger. Turkish Airlines argued that the delay was caused by bad weather and flight crew working time limits.

The courts found that the air carrier should have foreseen the situation and planned its work better. The Supreme Court stressed that a reasonably acting airline must take possible delays into account and, where needed, plan a reserve crew so that exceeding crew working time does not stop the flight for hours. The county court, the circuit court and the Supreme Court all granted the compensation claim.

The decision is important for passengers and airlines: an extraordinary circumstance does not automatically end the airline’s responsibility. The airline must prove that it used all reasonable options to get the passenger to the destination on time.