Schwechat/Luxembourg (APA) – A recent ruling by the European Court of Justice (ECJ) establishes that a lightning strike on an airplane can be deemed an “extraordinary circumstance” in cases of significant delays. This decision, made on Thursday, was prompted by a request from Austrian courts concerning an incident involving an Austrian Airlines (AUA) flight that was struck by lightning in March 2022, resulting in a passenger arriving in London over 13 hours late.
The traveler has initiated a lawsuit valued at 400 euros against AUA, a member of the Lufthansa Group. The initial ruling dismissed the lawsuit, leading the appellate court to seek clarification from the ECJ regarding whether a lightning strike qualifies as an “extraordinary circumstance.” According to European law, airlines must compensate passengers for cancellations or significant delays unless the delay is caused by extraordinary circumstances.
Definition of “extraordinary circumstances”
The ECJ clarified that a lightning strike is considered an extraordinary circumstance “if it necessitates mandatory safety inspections that delay the aircraft’s operational release.” The term “extraordinary circumstances” encompasses weather conditions that hinder flight operation, including the potential for lightning. Since a lightning strike requires safety checks that disrupt normal airline operations and are beyond the airline’s control, it fits this definition.
To avoid compensating affected passengers, airlines must demonstrate that all reasonable steps were taken to prevent the extraordinary circumstance and its impacts, such as significant delays. “It is the responsibility of the Austrian court to evaluate this in the current case,” the ECJ stated.
AUA maintains that it is not at fault in this ongoing case, indicating that “damage from a lightning strike is rare and could not have been anticipated or influenced to this extent.” Conversely, the plaintiff disputes the classification of the lightning strike as an extraordinary circumstance, asserting that AUA failed to take all necessary measures to ensure the prompt transport of the passenger, who resided in London. Consequently, instead of arriving at approximately 6:30 PM, the passenger reached London Heathrow Airport shortly after 8:00 AM the next day.
Impact of the lightning strike
The AUA aircraft was struck by lightning just before landing in Iasi, near the Moldova border, on March 8, 2022. Following a technical safety check after landing—deemed essential by AUA—damage to the aircraft’s technical equipment was identified. A replacement aircraft was later dispatched from Vienna, causing the flight from Romania to Schwechat to be delayed from its initial departure time of shortly after 2:00 PM to 10:25 PM. (16.10.2025)
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