Wallentin-Hermann — technical faults do NOT count as extraordinary circumstances

The Wallentin-Hermann ruling (ECJ C-549/07, 22 December 2008) is the counter-weapon to the standard excuse airlines use: "extraordinary circumstances — no compensation due".

The case. Mrs Wallentin-Hermann booked an Alitalia flight that was cancelled due to a technical engine fault. Alitalia invoked Art. 5(3) EU 261/2004 ("extraordinary circumstances"). Wallentin-Hermann sued; the Austrian court asked the ECJ to interpret.

What did the ECJ decide? Technical faults that occur in the normal course of an air carrier's activity are NOT extraordinary circumstances — even when they arise suddenly. Only events outside normal operations (unexpected weather, terrorism, unauthorised intrusion) qualify.

What does NOT qualify, per settled case law: technical defects to the aircraft, staff sickness (cabin crew or pilots), operational decisions by the carrier (scheduling errors, no reserve aircraft), in-house strikes by the carrier's own staff.

What DOES qualify: a storm front making flight impossible, bird strike (case Pesková C-315/15), strikes by third parties such as air traffic control (case Krüsemann C-195/17 narrows this), terrorism, bomb threat.

Practical: if the airline cites "technical fault" or "staffing issues", cite Wallentin-Hermann explicitly. Our EU 261 letter does that.