Guiding Principle: Bird strikes qualify as extraordinary circumstances exempting airlines from compensation, provided all reasonable mitigating measures are taken.
Case Text:
CJEU, Decision of 3 October 2022 – C-302/22
The CJEU ruled that a bird strike, which forced an emergency stop and caused tire damage, constitutes an extraordinary circumstance under EU Regulation 261/2004. This exempts airlines from liability if they demonstrate that all reasonable steps to minimize delay were taken. In this case, the airline’s argument that the bird strike was beyond its control was accepted, and compensation was denied.