Passengers can also receive compensation in the event of wildcat strikes
According to a ruling by the European Court of Justice, airlines can also be obliged to pay compensation to passengers in the event of wildcat strikes. For a German airline, this judgment could have expensive consequences.
FAccording to a ruling by the European Court of Justice, airlines can also be obliged to pay compensation to passengers in the event of wildcat strikes. If flight cancellations or delays occur because of unauthorized work stoppages, airlines are not automatically released from their obligation to pay compensation, ruled the Luxembourg judges. Rather, it must be decided on a case-by-case basis.
The background to the proceedings is the wildcat strike by Tuifly employees in autumn 2016. As a result, more than 100 flights were canceled. Many others started with considerable delays. Since then, those affected have been suing for compensation payments in German courts. Your chances are now likely to have improved significantly.
The ECJ judges justified the judgment with the fact that airlines could be exempted from the reimbursement obligation under two conditions. On the one hand, the event that led to the disabilities should not be part of normal operations. On the other hand, it should not be controllable by the airline.
With a view to the events at Tuifly 2016, this was not the case, the judges now found. The company had previously announced a surprising restructuring. Conflicts with employees are not uncommon. The situation in autumn 2016 should therefore be viewed as part of normal business activity. In addition, the wildcat strike was not uncontrollable for Tuifly – it ended a few days later after an agreement between the group and the works council.