Originally Posted by
DrMilano
This event is within the airline’s control, as said airline selected the CrowdStrike vendor.
Whether or not an airline "selected" a particular vendor is completely irrelevant.
Airlines select various third parties for all parts of their business. A strike at a third party is considered an "exceptional circumstance" under the terms of EC261/2004....despite the fact that said airline "selected" said third party.
The events of yesterday were clearly an "exceptional circumstance" in the meaning of EC261/2004.
(Your "selection" test is not one I have seen used in any EC261/2004 caselaw)
Originally Posted by
DrMilano
It’s not Force majeure.
Then it's a good thing that EC261/2004 makes no reference to "force majeure".
Originally Posted by
DrMilano
Not all airlines are similar affected.
I fail to see the relevance of that observation. The regulation makes no reference to any requirement of all airlines being "similar affected".