"Lightning strikes can constitute 'extraordinary circumstances' and limit liability In the first case, a passenger who experienced a lengthy delay waiting for a flight from Iasi in Romania to Vienna in Austria used a German online service specilalizing in seeking compensation from airlines to claim 400 (roughly $465) in damages. Austrian Airlines, meanwhile, argued that a lightning strike on the plane shortly before it landed in Iasi, which led to mandatory safety inspections, constituted extraordinary circumstances and so limited its legal liability for the delay."
"The court found that a lightning strike can count as extraordinary circumstances, provided that the airline could "show that it took all reasonable measures to avoid the extraordinary circumstances and the consequences thereof, such as a long delay." It was up to the court in Austria to determine if this was the case, the CJEU said. Planes are struck by lightning considerably more often than you might thinkImage: Ronaldo Silva/NurPhoto/picture alliance It noted that the mandatory checks are a measure seeking to ensure safety."
The Court of Justice of the European Union issued advisory judgments in two aviation appeals, siding with airlines over appellants seeking damages. A passenger claimed €400 for a seven-hour delay after a lightning strike led to mandatory safety inspections; the court found lightning can be an 'extraordinary circumstance' if the airline shows it took all reasonable measures to avoid the delay. The CJEU stressed that mandatory checks aim to ensure safety and warned against prioritizing punctuality over safety. The Austrian court must determine whether the airline fulfilled its obligation. A separate claim for additional non-material damages over a lost dog was dismissed.
Read at www.dw.com
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