Today, the European Court of Justice has decided that passengers are not entitled to compensation when their flight is delayed or cancelled as a result of a bird strike. Although the airline can take measures to reduce the risk of bird strikes, it cannot be held accountable for other entities that can take measures (such as airport operators and air traffic control).
“After earlier verdicts of national judges and the advice of the Attorney General Bot, this verdict is quite surprising. Based on the argument that was used before, it can be argued that a bird strike is indeed inherent to the activity of the airline, as they often encounter bird strikes and they can also partially influence the taking of measures against bird strikes. However, it is good that there is clarity with regards to this subject now, as passengers did not know whether they could be entitled to compensation for a bird strike until now.”, as according to Tom van Bokhoven from Flight-Delayed.co.uk.
Written by: Team Flight-Delayed.co.uk