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The European Court of Justice declares that a bird strike is an exceptional circumstance
A bird strike (a bird colliding with an aircraft) in itself is deemed to be an “Exceptional Circumstance” for the purpose of Article 5(3) of the European Regulation 261/2004 (“EU261”). See C-315/15 Marcela Pešková and Jirí Pešká v Travel Service a.s.
An airline seeking to absolve its liability under EU261 by reason of a bird strike must prove that it did all that it could to reduce the impact of the bird strike on subsequent delay or cancellation.
Tip! An airline can’t deny you compensation for disruption if the bird strike occurred on an earlier flight - click here to see our previous article on Rotational Delays for further information.
30 April 2019
Written by Frédéric PELOUZE, Weclaim Founder and Director
If you experienced a travel disruption in the past five years, you might be owed some money. Give us your travel details and you’ll discover instantly how much you can get.