A Polish court ruled against a passenger seeking compensation for a flight delay caused by an airport runway closure and air traffic control staffing issues.
Flight Delay Compensation Rules
Passengers on flights delayed by at least three hours may be entitled to compensation from the carrier, according to EU Regulation 261/2004. Compensation amounts to 250 euros for flights under 1,500 kilometers.
Case in Gdańsk Court
A case brought before the Gdańsk – Północ Regional Court involved a carrier who acknowledged the delay but attributed it to extraordinary circumstances: the closure of the destination airport’s runway. The airline also cited staffing problems with air traffic control.
Passenger’s Counterargument
The passenger argued that the carrier was aware of the runway closure over a month in advance, and the resulting limitations fell within the typical operational risks of an airline.
Court Sides with Airline
The Gdańsk Regional Court ruled in favor of the airline, dismissing the claim. The court noted that passengers were boarded and waited four hours for departure, indicating the airline was prepared to operate the flight.
External Events and Lack of Control
The court determined that the runway closure and air traffic control staffing shortages were extraordinary circumstances beyond the airline’s control. The decision to close the runway is the responsibility of the airport operator.
Airline’s Reasonable Efforts
The court found that the airline could not be faulted for failing to avoid the delay, as it has no control over air traffic control or airport management. Flight execution is also subject to the approval of air traffic control services.
Prior Knowledge of Closure Not Decisive
While acknowledging the airline knew about the runway closure over a month prior, the court stated there was no basis for schedule changes at that time. The situation changed on the day of the flight when restrictions due to air traffic control staffing were announced shortly before the planned departure.
Legal Basis
Judgment of the Regional Court Gdańsk – Północ in Gdańsk of February 12, 2026, file ref. I C 1377/25.
