Air traffic control delays and strikes: can you claim?

"ATC restrictions" and "air traffic control strike" are two of the reasons airlines give most often for delays across Europe. They are often genuine. But they're also easy to say, and they don't explain every delay they're attached to. Here's where the line falls.

Can I claim compensation for an air traffic control delay?

Usually not, if air traffic control genuinely caused your delay. Air traffic controllers don't work for the airline, and the airline can't overrule their decisions. That makes their restrictions, system failures and strikes extraordinary circumstances in most cases.

But two questions decide whether the defence really works:

1. Did air traffic control actually cause the delay you had? A 30-minute slot delay doesn't explain arriving four hours late.
2. Did the airline take reasonable measures to limit the delay once it knew?

The airline has to prove both. The EU Court of Justice has read the defence narrowly since Wallentin-Hermann v Alitalia (2008).

What is an ATC slot delay?

Europe's airspace is managed as a network. When a sector of airspace or an airport is too busy, the network manager at Eurocontrol gives flights a slot: a set time to take off. The airline can't leave before it.

Slots are issued for many reasons: weather, staff shortages at an air traffic control centre, an equipment problem, or simply too many flights for the space. A slot can hold a flight for a few minutes or several hours.

When a slot delay doesn't protect the airline

• The slot was short, the delay was long. If the slot added 45 minutes and you arrived three and a half hours late, the airline has to explain the rest.
• The flight missed its slot. If boarding was late, the crew wasn't ready, or there was a technical fault, and the flight missed its slot and had to wait for a new one, the root cause is the airline's own problem.
• The aircraft was already late. If the aircraft arrived late from an earlier flight for a reason within the airline's control, and then got a slot, the slot isn't the whole story.

We look at what happened to the specific aircraft that day, not just the reason code.

Do air traffic control strikes mean no compensation?

Usually, yes. Air traffic controllers are employed by national air navigation services, not by the airline, so the airline can't negotiate an end to their strike. That's the definition of something outside its control.

ATC strikes can also affect flights that don't land in the country on strike. Many flights between the UK and Spain, Italy or Portugal cross French airspace, so a strike by French controllers can delay them.

Compare that with a strike by the airline's own staff. In Airhelp v SAS (2023), the EU Court of Justice held that a strike by an airline's own pilots isn't extraordinary. That decision binds courts in the EU. It came after Brexit, so it doesn't bind UK courts, though they can take it into account. See airline strike compensation for the full picture.

The airline still has to act reasonably

Strikes are often announced days in advance. An airline that knows a strike is coming can sometimes reschedule, reroute around the affected airspace, or rebook passengers early. If it did nothing and other airlines on the same route managed, that may be challenged.

And a strike only explains the disruption it caused. A flight cancelled the day after the strike ended needs its own explanation.

What about air traffic control system failures?

A failure in an air traffic control system outside the airline is usually extraordinary too. The NATS failure on 28 August 2023, which disrupted flights across UK airspace, is the best-known recent example.

The same questions apply: did it actually cause your delay, and did the airline do what it reasonably could afterwards? A system failure in the morning doesn't automatically cover every delay that week.

What about airport problems?

Problems caused by the airport, rather than air traffic control or the airline, are judged case by case. A runway closure, a fuel supply failure or an airport security incident can be outside the airline's control. Staff shortages at a ground handling company the airline chose are less clear-cut. We look at the facts.

Does the notice period matter?

Yes, for cancellations. If the airline told you about a cancellation 14 days or more before departure, no compensation is due, whatever the cause. With 7 to 13 days' or under 7 days' notice, compensation can depend on the replacement flight's times. See being rebooked onto a later flight.

What am I owed on the day, even if it was air traffic control?

Even when the cause is extraordinary, the airline must look after you:

• meals and refreshments once the delay passes two hours on a short flight (three on a medium, four on a long);
• a hotel and transfers if you're stuck overnight;
• two phone calls or emails;
• if the flight is cancelled, a choice between a full refund and a new flight.

If the airline didn't provide these and you paid, keep the receipts. See what the airline owes you during a delay.

What should I keep?

• Any message or announcement giving the reason, with the time.
• The time your flight actually left and arrived.
• Notes of what happened at the gate: was the crew there? Was the aircraft there?
• Receipts for food, hotels or transport.

What does the airline usually say?

"Delay due to ATC restrictions." Ask how long the restriction was. Compare it with your total delay.

"Air traffic control strike." Check whose strike. Controllers, yes. The airline's own crew, no.

"Knock-on effect of ATC delays earlier in the day." Possible, but the airline has to show the link and that it couldn't reasonably recover.

For other excuses, see extraordinary circumstances explained and flights delayed by bad weather.

Frequently asked questions

Is an air traffic control delay an extraordinary circumstance?

Usually, when air traffic control genuinely caused the delay. But a short slot doesn't explain a long delay, and a missed slot caused by the airline's own problem doesn't count.

Can I claim for a French air traffic control strike?

Usually not, because the controllers don't work for the airline. You're still owed care while you wait, and a refund or a new flight if your flight is cancelled.

Is a pilot strike the same as an ATC strike?

No. A strike by the airline's own pilots or crew is generally not extraordinary. A strike by air traffic controllers usually is.

My flight had a slot delay but I landed four hours late. Can I claim?

Possibly. If the slot only accounts for part of the delay, the airline has to explain the rest. We check the timeline for your aircraft.