ECJ: Lightning Strike in AUA Plane "Extraordinary Circumstance" - No Compensation

A lawsuit filed by the air traveler against the company has a disputed value of 400 euros. In the first instance, the District Court of Schwechat dismissed the lawsuit against AUA. The Regional Court, as the appellate instance, considered it necessary for the ECJ to clarify whether a lightning strike is to be assessed as an "extraordinary circumstance." According to European law, airlines are obliged to compensate for flight cancellations or major delays - but this does not apply if the reason for the cancellation or delay is due to extraordinary circumstances.

"Extraordinary Circumstances" Include Weather Conditions

The ECJ stated that a lightning strike constitutes an extraordinary circumstance "if it leads to mandatory safety checks resulting in the delayed release of the aircraft for operation." The EU legislator has included weather conditions that are incompatible with the operation of the flight in the term "extraordinary circumstances," including the risk of a lightning strike. A lightning strike, after which the aircraft must undergo mandatory safety checks, is not part of the normal exercise of the airline's activity and is not actually controllable by it.

To be exempt from the obligation to pay compensation to affected passengers, the airline must make further efforts. It must prove that all reasonable measures were taken to avoid the occurrence of the extraordinary circumstance and its consequences - such as a major delay. "It is up to the Austrian court to assess this in the present case," said the ECJ.

AUA sees itself as blameless in the ongoing proceedings because "damage caused by a lightning strike was unusual or neither planned nor controllable to this extent," as noted by the Regional Court of Korneuburg. The plaintiff, on the other hand, cannot recognize the lightning strike as an extraordinary circumstance. AUA also did not take all reasonable measures to transport the passenger - who was living in London at the time - to his destination as quickly as possible. Instead of arriving around 6:30 PM, he arrived at London Heathrow Airport shortly after 8:00 AM the following day.

Damage from Lightning Strike: Delayed AUA Flight

The AUA aircraft was struck by lightning on March 8, 2022, shortly before landing in Iasi near the border with the Republic of Moldova. During the technical safety inspection of the aircraft after landing - which AUA stated was necessary - damage to technical equipment was found. Ultimately, a replacement aircraft was flown in from Vienna. The flight from Romania to Schwechat therefore did not start shortly after 2:00 PM, but at 10:25 PM.

(APA/Red.)

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