Krüsemann — wildcat strike of own staff does NOT count as extraordinary circumstance

The Krüsemann ruling (ECJ Joined Cases C-195/17 et al., 17 April 2018) closes a common airline excuse: invoking "strike" to refuse compensation when it concerns own employees.

The case. Mrs Krüsemann and hundreds of other TUIfly Germany passengers experienced mass delays in October 2016. TUIfly declared that an unusually high sickness rate among cabin crew and pilots ("blue flu") was effectively a wildcat strike against an announced restructuring. TUIfly invoked extraordinary circumstances.

What did the ECJ decide?

1. A wildcat strike of own staff is NOT an extraordinary circumstance. Social conflicts inside the carrier fall under normal operations — even when the strike is unexpected or non-procedural.
2. Distinction with external strikes: strike of air traffic control (ATC), airport ground staff (not carrier employees), or customs = YES extraordinary. Own cabin crew or pilots = NOT.
3. The carrier bears operational risk for its own employees — even when they unexpectedly call in sick or refuse to work.

Practical: "due to strike" as refusal ground on your EU 261 claim? Ask which strike exactly. Own staff = push the claim. ATC or airport strike = you fall under extraordinary circumstances for compensation (Art. 7), but care (Art. 9) remains unlimited (McDonagh C-12/11). Our EU 261 letter cites Krüsemann explicitly when applicable.