What Happens If the Airline Rejects Your EU261 Claim?
A rejection letter is not the end of the road. Airlines reject valid claims constantly — often citing extraordinary circumstances without any specific evidence. Most rejections are challengeable, and many are overturned at ADR or in court.
Quick answer
Read the rejection carefully. If it cites vague extraordinary circumstances or a technical fault without specifics, it is likely invalid. Write back demanding specific evidence. If the airline doesn't provide it, escalate to ADR or court — the majority of contested rejections are overturned.
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Types of Rejection — Valid vs Invalid
Not all rejections are equal. The table below shows common rejection types, whether they are legally valid, and how to respond:
"The flight was affected by operational circumstances beyond our control."
How to respond: Ask for specific details: what event, when discovered, what steps taken. Blanket claims are not sufficient.
"The flight crew were incapacitated by an unforeseen medical emergency that arose 30 minutes before departure."
How to respond: This could be valid — but ask for documentation. If genuine, it may genuinely defeat your claim.
"The aircraft suffered a technical defect."
How to respond: Routine technical faults are NOT extraordinary circumstances per CJEU ruling in Wallentin-Hermann. Challenge this.
"The flight was delayed due to ATC restrictions / severe weather."
How to respond: Weather can qualify, but only if the specific conditions caused your specific delay. Generic references to 'weather' at the airport that day are not sufficient.
"Your claim is out of time."
How to respond: Check your jurisdiction's limitation period — UK is 6 years, Germany 3 years. If within time, challenge the rejection.
What "Extraordinary Circumstances" Really Means
EU261 Article 5(3) exempts airlines from paying compensation if a cancellation or long delay is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The key legal test has three parts:
- The event must be extraordinary — outside normal airline operations, not inherent to running an airline
- The event must be unavoidable — no reasonable measure could have prevented it
- The airline must have taken all reasonable measures — for example, by re-routing passengers promptly
All three must be satisfied. Most airline rejections fail on part 1 (routine technical faults) or part 3 (no reasonable mitigation taken).
How to Challenge a Rejection
- Write a formal response — do not just email via a contact form. Write a clear letter addressed to customer relations citing EU Regulation 261/2004.
- Quote the CJEU case law — Wallentin-Hermann (C-549/07) for technical faults, Sturgeon (C-402/07) for delays over 3 hours, and TUIfly (C-315/15) for crew illness.
- Ask specific questions — "What exactly was the extraordinary event?", "When was it identified?", "What measures did the airline take to re-route passengers?"
- Set a final 14-day deadline — state that if no satisfactory response is received, you will escalate to the relevant ADR body and file with the national enforcement body.
- Follow through — file with ADR if the airline doesn't respond satisfactorily.
What Happens at ADR?
ADR bodies review the claim independently. Airlines must participate (in approved schemes) or risk adverse findings. Common ADR outcomes:
- The ADR body upholds your claim and awards full compensation — most common outcome for valid claims
- The airline pays before the ADR hearing, to avoid the formal process
- The ADR body finds extraordinary circumstances were valid — rare but possible
Success rates at ADR for passengers with valid claims are high — typically 70–80% of contested claims result in a payment or partial payment.
Frequently Asked Questions
How do I challenge a rejection for 'extraordinary circumstances'?
Write back and ask three questions: (1) What was the specific extraordinary event? (2) When exactly was it discovered? (3) What measures did the airline take to avoid the delay? The CJEU requires airlines to take all reasonable measures even when extraordinary circumstances exist. A rejection that doesn't address all three is challengeable.
Are technical faults ever extraordinary circumstances?
Rarely. The CJEU ruled in Wallentin-Hermann (C-549/07) that technical problems discovered during routine maintenance are inherent to airline operations and therefore not extraordinary. Hidden manufacturing defects confirmed by the manufacturer, or damage caused by third parties (e.g. bird strike, sabotage), can qualify. Ordinary mechanical failure does not.
The airline offered me 50% of the compensation — should I accept?
Only if the circumstances genuinely justify a reduction (e.g., a long-haul re-routing where EU261 allows a 50% reduction for arrival within 4 hours of schedule). If the offer seems arbitrary, reject it in writing and request payment of the full statutory amount. Partial offers are a common tactic to close claims cheaply.
What if the airline's rejection mentions COVID-19?
COVID-era cancellations (especially 2020–2021) created a large body of case law. The CJEU confirmed that a pandemic is an extraordinary circumstance — but only for cancellations directly caused by government restrictions (e.g., border closures, airspace shutdowns). Cancellations due to reduced passenger demand are NOT extraordinary. Check the specific reason for your cancellation.
How long do I have to challenge a rejection?
There is no fixed time limit on challenging a rejection letter, but you must remain within the overall limitation period for your jurisdiction (starting from the date of the disruption, not the date of the rejection). If you're within the limitation period, take your time to prepare a strong counter-response.
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