Brussels – The impact of a lightning strike on an aircraft can constitute an exceptional circumstance that limits the company’s activity, and, therefore, passengers are not entitled to the normal compensation in the event of delays or cancellations. The Court of Justice of the EU ruled this in a judgment in a case brought forward by a traveler who was forced to arrive at his destination seven hours late after lightning struck the aircraft on landing. No stopover was allowed, and the passenger was required to change flights.
The Luxembourg Court ruled that the unforeseeable nature of a lightning strike, outside the airline’s control, constitutes an exceptional circumstance when such an impact results in mandatory safety inspections that lead to a later resumption of flight operations. Moreover, the Court recalls that the related EU regulations include among the cases of “exceptional circumstances” also weather conditions that are incompatible with the operation of a flight, including the risk of electrocution.
When it comes to air transport and passenger rights, travelers always have the option to request clarification from the airline. According to European regulations, to be exempt from the obligation to pay compensation to passengers, the airline must also prove that it has taken all appropriate measures to deal with the exceptional circumstance and its consequences, such as a long delay. In this case, however, jurisdiction is national, and the ordinary courts of the country where the company is registered must handle the claim.
English version by the Translation Service of Withub
