A delay caused by air traffic control (ATC), an air-traffic-control strike or a government decision on safety grounds normally counts as an extraordinary circumstance under EU 261. That means in most cases you have no right to the fixed compensation of €250 to €600 (roughly SEK 2,800 to 6,800). But one thing still applies: the airline's duty of care — food, drink and, where needed, a hotel — does not disappear. This page sorts out why, and where the dividing line runs to a strike that does give you a right to money.
What an ATC delay and safety reasons mean
ATC stands for Air Traffic Control. When the airspace is crowded, when weather forces longer spacing between aircraft, or when the controllers themselves go on strike, air traffic control can hold departures on the ground or slow traffic down. That is called an ATC delay. The decision is made not by the airline but by an authority or an air navigation service.
Safety reasons follow the same logic. If an airport closes after a security threat, or an authority orders a departure to be postponed, that is a decision the airline must comply with. It is not the airline that caused the disruption.
Why an ATC delay normally gives no compensation
EU 261 (Regulation 261/2004) gives a right to fixed compensation for a long delay — but not if the disruption was caused by extraordinary circumstances the airline could not influence, even after taking all reasonable measures. We go through whether you can get flight compensation in a section of its own.
A decision by air traffic control is a textbook example of exactly that. The airline cannot control airspace capacity, cannot call off a controllers' strike and cannot overturn a government decision on safety grounds. The EU Court of Justice has treated such outside interventions as extraordinary in several cases. The consequence is that the fixed compensation of €250–600 falls away when the cause is documented as an ATC or safety event.
This is also what experienced travellers tell one another: ATC delays are seen as something the airline has no power over, and then only the duty of care applies — no cash compensation.
The key dividing line: an ATC strike versus the airline's own strike
Here is the point that decides your case. The word strike says nothing on its own — what matters is who is striking.
| Type of strike | Whose staff | Compensation under EU 261 |
|---|---|---|
| Air-traffic-control strike (ATC) | The air navigation service / an authority | Normally no — extraordinary circumstance |
| Ground staff at the airport (a different employer) | The airport / a subcontractor | Usually no — beyond the airline's control |
| The airline's own staff — pilots, cabin crew | The airline itself | Usually yes — not counted as extraordinary |
The EU Court of Justice ruled in Case C-28/20 (Airhelp v SAS) that a strike called by the airline's own trade union is part of the normal running of an airline. Such a strike is therefore not an extraordinary circumstance, and compensation can then be paid. An air-traffic-control strike is the opposite — it hits the airline from the outside.
If SAS's own pilots strike, the situation is therefore completely different from one where Swedish air traffic controllers stop work. We go through strike cases in more detail on the page about whether a strike is an extraordinary circumstance and in the overview of extraordinary circumstances .
The duty of care applies — even without compensation
That the cash compensation falls away does not mean the airline is free of responsibility. The duty of care under EU 261 is tied to the waiting time itself, not to the cause. For a longer delay the airline must offer:
- food and drink in proportion to the waiting time,
- two phone calls or equivalent contact,
- a hotel and transport to and from the hotel if you have to wait overnight.
That obligation remains whether the delay is down to ATC, weather or safety reasons. If you pay for meals or a hotel yourself — keep the receipts, you can claim the money back. More on what you are entitled to is on the page about your right to meals and a hotel during a flight delay .
Check the cause before you drop the claim
"ATC reasons" or "operational reasons" are phrases an airline sometimes reaches for a little too easily. It is the airline that must be able to substantiate that an extraordinary circumstance actually existed — not you who must disprove it.
So ask for the reason in writing. If the delay was in fact a technical fault on the aircraft or a late crew, that is the airline's own responsibility and compensation can then be due. If you are unsure which category your delay falls into, start with our simple eligibility check .
This is not legal advice
This page draws on published and institutional sources — expert review has not yet been carried out. For advice on your individual case, contact ARN (Allmänna reklamationsnämnden, the Swedish National Board for Consumer Disputes) or Transportstyrelsen (the Swedish Transport Agency), the supervisory authority for air passenger rights in Sweden.
Frequently asked questions
Do I get compensation if my flight is delayed by an air-traffic-control strike?
Normally not. A strike by air traffic control (ATC) lies beyond the airline's control and is treated as an extraordinary circumstance. The fixed compensation of €250–600 then falls away. The dividing line runs to the airline's own staff strike, which the EU Court of Justice ruled in Case C-28/20 the airline must bear responsibility for.
What is an ATC delay?
ATC stands for Air Traffic Control. An ATC delay arises when air traffic control holds an aircraft on the ground or slows traffic down — because of queues in the airspace, weather, capacity shortages or a strike by the controllers. The decision is made by air traffic control, not by the airline.
Am I entitled to meals and a hotel even if I get no compensation?
Yes. The duty of care under EU 261 applies regardless of the cause of the delay. For a longer wait the airline must offer food and drink, and for an overnight stay a hotel and transport there. That obligation remains even when the cause is extraordinary and no cash compensation is paid. We go through when an event counts as an extraordinary circumstance in a section of its own.
How do I know whether the delay was down to ATC or to the airline?
You have the right to ask the airline for a written reason for the delay. An answer that only says "operational reasons" is not enough — the airline must be able to substantiate that an extraordinary circumstance existed. If the cause is unclear or disputed, you can turn to ARN, which examines the case free of charge.
Sources and further reading
- EUR-Lex — Regulation (EC) No 261/2004
- EU Court of Justice — Airhelp Ltd v Scandinavian Airlines, Case C-28/20 (an airline's own staff strike is not an extraordinary circumstance)
- Transportstyrelsen — Air passenger rights (the supervisory authority in Sweden)
- ARN — Allmänna reklamationsnämnden (the Swedish National Board for Consumer Disputes — resolves disputes free of charge for the consumer)
Last reviewed: 17 May 2026.
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