Lee Finch & Ann-Marie O’Neil examine the high threshold for determining which events are outside an airline’s control
- Industrial action by an airline carrier’s employees touching on their conditions of employment did not amount to an ‘extraordinary circumstance’ for the purposes of Art 5(3) of Regulation (EC) 261/2004.
- Where flights are cancelled as the result of such strikes, carriers are liable to pay compensation to the affected passengers.
- Involved consideration of CJEU decisions which had been issued after the end of the implementation period.
Ryanair recognised unions for the first time in December 2017. Subsequently, unions in multiple jurisdictions commenced negotiations with Ryanair. The Irish union, Fórsa, made 11 demands in relation to the seniority structure among Irish pilots. Ryanair argued that these demands could not be satisfied as they would compromise its business model and ability to operate as a low-cost airline. As a result of the failed negotiations, pilots and cabin crew employed by Ryanair went on strike in July, August and September 2018.
The strike caused the cancellation of multiple Ryanair flights scheduled to leave the UK which, prima facie,
