The Problem: Airlines Over-Claim "Weather"
Under EU 261, airlines can avoid paying compensation for delays caused by "extraordinary circumstances" — events outside the airline's control that could not have been avoided even if all reasonable measures had been taken. Severe weather is the most commonly cited example.
The problem: airlines invoke "weather" for a much broader category of delays than the regulation actually covers. Understanding the distinction between genuine weather extraordinary circumstances and airline misuse of the exception can mean the difference between a legitimate €600 claim and an accepted denial.
What Actually Counts as "Weather Extraordinary Circumstances"?
Genuine extraordinary weather (compensation NOT required):
- Severe thunderstorms closing the airport
- Heavy snow or ice causing runway closures
- A volcanic ash cloud (like Eyjafjallajökull in 2010)
- Fog below minimums at the destination airport
- Hurricane-level wind at the departure airport
Weather misuse (compensation IS required):
- Mild rain or light snow that delays ground handling
- Fog at a different airport affecting connecting aircraft (knock-on delays)
- "Weather somewhere on the route" with no specific identification
- Delays at a destination airport, when the departure conditions were normal
The Key Legal Tests
EU courts have narrowed the "extraordinary circumstances" defense through case law since 2004. Two key tests that courts apply:
Test 1: Was the weather truly unforeseeable?
Airlines know general seasonal weather patterns. A snowstorm in Chicago in January or a thunderstorm in Miami in August is not unforeseeable. The EU Court of Justice has ruled that conditions a skilled operator should anticipate do not qualify.
Test 2: Did the airline take all reasonable measures?
Even when weather is extraordinary, the airline must show it did everything possible to minimize the delay — including finding alternative aircraft, re-routing, or other measures. Cancelling the flight at the first sign of difficulty without exhausting alternatives has been successfully challenged.
The "Knock-On" Delay Problem
Many airline weather delays are actually knock-on effects:
- Your aircraft was delayed at a previous city due to weather there
- Air traffic control in a different region was affected
- A crew member was stuck due to weather on a different route
EU courts have ruled inconsistently on knock-on delays. The general principle: if the original weather event was extraordinary, delays caused by its knock-on effects can also be extraordinary — but the airline must specifically demonstrate the chain of causation.
Vague statements like "your aircraft was late arriving due to weather" are insufficient. The airline must specify the original weather event, when it occurred, where, and how it specifically caused your delay.
How to Challenge a Weather Denial
If an airline rejects your claim citing weather, do not immediately accept it. Request:
- Specific written documentation of the weather event (name, location, date, time)
- The airport's official meteorological report for that day (METAR or ATIS reports)
- Evidence that other airlines on the same route also cancelled/delayed (if only your airline was affected, the weather excuse is weaker)
- What alternative measures the airline took to minimize the delay
Cross-reference the airline's "weather" claim with:
- Weather archives (Weather Underground, WillyWeather, Wunderground historical data)
- Other flights on the same route that day (FlightAware historical data)
- Airport operational bulletins
If other carriers on the same route flew normally, the "weather" claim is substantially weakened and worth pursuing.
Right of Care Still Applies
Critically: even if weather fully exempts the airline from compensation, the right of care still applies. If your flight is delayed more than 2–3 hours due to weather, the airline must still provide:
- Meals and refreshments proportionate to waiting time
- Hotel accommodation if overnight stay is required
- Two free phone calls, emails, or faxes
This is a separate right from delay compensation and is not waivable by extraordinary circumstances.
Quick Decision Guide
| Situation | Claim Likely Valid? |
|---|---|
| Airport closed due to hurricane | No (genuine extraordinary) |
| Light rain causes ground delay | Yes (not extraordinary) |
| "Weather somewhere" — no specifics | Yes (challenge the vague excuse) |
| Your plane was delayed from another city due to weather | Possibly — depends on courts |
| Same route, other airlines flew normally | Yes (your airline's weather claim is weak) |
| Weather advisory: all flights cancelled | No (genuine extraordinary) |
Use the flight compensation calculator to assess your flight's delay circumstances and estimate whether your situation qualifies for compensation.