Originally Posted by Court of Justice of the European Union
PRESS RELEASE No 105/15

Ms van der Lans had an air ticket reservation on a flight operated by KLM from Quito (Ecuador) to Amsterdam (Netherlands). The aircraft arrived in Amsterdam with a delay of 29 hours. According to KLM, the delay was due to extraordinary circumstances, specifically, a combination of defects: two components were defective, the fuel pump and a hydromechanical unit. These components were unavailable andhad to be transported by air from Amsterdam in order to be installed in the aircraft concerned. KLM also observed that the defective components had not exceeded their average lifetime and that their manufacturer had not provided any specific indications as to which defects might arise if those components reached a certain age.

Ms van der Lans brought an action before the Rechtbank Amsterdam (District Court, Amsterdam) which decided to refer questions to the Court of Justice for a preliminary ruling. Essentially it wishes to know whether a technical problem which occurred unexpectedly, which is not attributable to defective maintenance and which was not detected during regular tests, falls within the definition of ‘extraordinary circumstances’, thereby exempting the carrier from his obligation to pay compensation.

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However, since the functioning of aircraft inevitably gives rise to technical problems, air carriers are confronted as a matter of course in the exercise of their activity with such problems. In that connection, technical problems which come to light during maintenance of aircraft or on account of failure to carry out such maintenance cannot constitute, in themselves, ‘extraordinary circumstances’.

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Therefore, in the course of the activities of an air carrier, that unexpected event is inherent in the normal exercise of an air carrier’s activity, as air carriers are confronted as a matter of course with unexpected technical problems. Furthermore, the prevention of such a breakdown or the repairs occasioned by it, including the replacement of a prematurely defective component, is not beyond the actual control of that carrier, since the latter is required to ensure the maintenance and proper functioning of the aircraft it operates for the purposes of its business.

Therefore, a technical problem cannot fall within the definition of ‘extraordinary circumstances’.

Originally Posted by irishguy28

KLM yesterday lost a case at the ECJ which will have airlines all over Europe facing payment on claims that they had habitually rejected.