The CJEU Confirms Its Narrowed Interpretation of the Notion of ‘Extraordinary Circumstances’ in TAP Portugal (Death of Co-Pilot)

Abstract

In TAP Portugal (Death of Co-pilot) (C-156/22), the Court of Justice of the European Union ruled that the death of a co-pilot shortly before a flight does not qualify as an ‘extraordinary circumstance’ under Regulation (EC) 261/2004. According to the Court, this event is ‘inherent in the normal exercise of the operating air carrier’s activity’. The Court reaffirmed the strict cumulative conditions to be met in order to avoid standardized compensation in the case of a flight cancellation or delay. passengers, extraordinary circumstances, CJEU, passenger rights, illness, death