On 25 May 2018 our Client was flying from Munich to Germany with Easyjet. The flight was delayed over 4 hours due to a lightning strike on the aircraft on an earlier flight.
Although rare lightning strikes on aircraft are more common that most people think. Aircrafts are designed to withstand a strike however it is a requirement for the aircraft to be inspected if this happens to make sure there are no issues with it resuming the rest of its schedule.
Under EU Regulation 261/2004 passengers are entitled to compensation in the event that their flight is cancelled or delayed over 3 hours. The Regulation is designed to have a high level of protection for consumers in an effort to ensure that airlines operate their flights on time.
Airlines do not have to pay compensation if the event was as a result of “extraordinary circumstances which no reasonable measures could have prevented”.
Hayward Baker argued that the lightning strike and any technical issues that arise as a result are part and parcel of the airlines everyday normal issues that they had to content with and therefore could not be classed as “extraordinary”.
At a hearing in Luton, Easyjet’s home court, the Judge agreed with Hayward Baker and awarded our Client 250 euros in compensation.