A delay or cancellation caused by an air traffic control (ATC) strike — or by a wider safety decision from an authority — normally counts as an extraordinary circumstance under EU 261/2004. That means ATC strike compensation of 250 to 600 euro usually does not apply. But one right does not disappear: the airline’s duty of care — meals, drinks and, when the wait runs overnight, a hotel with transport — remains in force. This page sorts out the rule for a Romanian passenger, explains where the line runs between a controllers strike and an airline crew strike, and shows the ANPC, AACR and Judecătoria route when an airline overplays the "extraordinary" excuse.
This is one of the most misused phrases in airline rejection letters. "It was an ATC issue" is comfortable for the carrier and expensive for the passenger — and the rule is narrower than airlines pretend.
Check your ATC-delay claim in 3 minutes — no win, no fee
What an ATC delay and a safety-reasons delay actually are
ATC stands for Air Traffic Control. When the airspace is congested, when weather forces wider spacing between aircraft, when a sector runs short on staffed positions, or when the controllers themselves strike, ATC can hold departures on the ground or throttle traffic in the air. That is an ATC delay. The decision sits with the air navigation service provider — ROMATSA in Romanian airspace, DSNA in France, ENAV in Italy, DFS in Germany, SkyGuide for Swiss airspace — or with the central network manager Eurocontrol. It is not made by the airline.
Safety-reasons delays work the same way. If an authority closes an airport after a security alert, orders a precautionary inspection of a runway, restricts a sector after a drone sighting or imposes new restrictions on departures, the airline has to comply. That is a regulator decision, not a carrier decision.
The carrier’s role in both cases is to absorb the consequences and to look after its passengers — not to apologise for a strike it cannot stop or a closure it cannot reopen.
Why an ATC strike normally produces no fixed compensation
EU 261/2004 grants 250, 400 or 600 euro of fixed compensation for a long delay or a short-notice cancellation — but article 5(3) carves out extraordinary circumstances that the airline could not have avoided even with all reasonable measures. A decision by air traffic control to ground or slow traffic is a textbook extraordinary case. The carrier cannot lift a strike called by foreign controllers, cannot overrule Eurocontrol slot allocation and cannot countermand an authority’s safety order.
The CJEU has consistently treated outside regulatory action as belonging outside the carrier’s control. In Wallentin-Hermann (C-549/07, 2008) the Court framed the extraordinary-circumstances test: the event must be both outside the carrier’s actual control and unavoidable even with reasonable measures. In McDonagh (C-12/11, 2013) — the volcanic ash judgment — the Court confirmed that a regulator-imposed flight ban is extraordinary, while at the same time keeping the duty of care alive without an upper limit. An ATC strike fits the same pattern: external, regulator-controlled, outside the airline’s power, but never a release from looking after the passenger.
The consequence for ATC strike compensation is that the 250–600 euro flat-rate amount normally falls away when the airline can document an ATC or safety event as the cause. The travel forums, the consumer pages and the ANPC casework all confirm the same line.
The decisive dividing line: ATC strike versus airline crew strike
The word strike on its own decides nothing. What decides everything is who is striking — and the answer puts the case on opposite sides of article 5(3).
| Type of strike | Whose staff | Compensation under EU 261 |
|---|---|---|
| Air traffic control (ATC) — ROMATSA, ENAV, DSNA, SkyGuide | Air navigation service provider / an authority | Normally no — extraordinary circumstance |
| Airport ground handlers, security, baggage (outside provider) | Airport or an outside subcontractor | Usually no — outside the carrier’s control |
| The airline’s own pilots or cabin crew | The airline itself | Normally yes — not extraordinary |
| The airline’s own ground handlers | The airline itself | Often yes — usually inside the carrier’s control |
The CJEU drew that line clearly in Krüsemann (C-195/17, 2018). A wildcat strike by the carrier’s own crew, the Court held, is part of the normal exercise of the airline’s activity — a labour dispute inside its own business that the airline must absorb. It is therefore not an extraordinary circumstance and the 250–600 euro is normally owed. An ATC strike is the mirror opposite: it hits the carrier from outside, decided by a third party the airline cannot bind. If TAROM’s own pilots strike, the situation is completely different from one where French or Italian controllers stop work.
We walk the strike case in more detail on our companion pages: see the strike flight compensation guide for Romania for the full crew-strike picture, and the broader strike extraordinary circumstance overview for the legal test.
The duty of care applies — even without fixed compensation
That the 250–600 euro falls away does not free the airline of responsibility. The duty of care under article 9 of EU 261 is tied to the length of the wait, not to the cause of the delay. For a long delay the carrier must offer, in writing if needed:
- meals and drinks in reasonable proportion to the waiting time,
- two free phone calls or equivalent contact (email, fax),
- a hotel and transport to and from the hotel if you are forced to wait overnight or longer than the next available flight.
That obligation stays in place whether the cause is an ATC strike, severe weather, a safety closure or a controllers slowdown. The McDonagh judgment is the clearest statement of the principle — even during a multi-day, EU-wide flight ban the carrier still owed the passenger meals and accommodation, with no cap.
If the airline does not arrange care on the spot, pay yourself, keep every receipt and reclaim the costs in writing. The right is enforceable through ANPC and ultimately the Judecătoria. For a full walkthrough see our right to care, meals and hotel during a flight delay page.
Check the cause before you accept the rejection
"ATC reasons", "operational restrictions" and "air traffic flow management" are phrases airlines reach for a little too easily. The carrier carries the burden of proof — it has to show that an extraordinary circumstance actually existed and that reasonable measures (a substitute aircraft, an earlier slot, re-routing on another carrier) would not have avoided the disruption.
Ask for the reason in writing and ask for the specifics:
- which air navigation service or authority issued which restriction,
- on which date and for which time window,
- what alternative measures the airline tried — substitute aircraft, re-routing on a partner carrier, an earlier or later slot,
- the rotation history of the aircraft on the day, if a knock-on delay is being blamed on ATC.
If the answer is two words ("ATC issue") or contradicts a public Eurocontrol report, the rejection is not the documented assessment EU 261 requires. The case may flip from extraordinary to non-extraordinary — and the 250–600 euro is then owed. A rejection that simply says "strike equals outside our control" is not enough; the airline must name the strike, identify the striking party, and show what it tried.
If you are not sure which category your delay falls into, start with our short eligibility check and read the original Romanian-language explainer at /grevă-controlori-trafic-aerian-compensare-zbor/ for the local-language version.
ANPC, AACR and the Judecătoria — the Romanian enforcement route
When the airline’s rejection does not match the facts, Romania gives a passenger three escalation paths.
ANPC — Autoritatea Naţională pentru Protecţia Consumatorilor. Romania’s general consumer-protection authority. ANPC accepts complaints in Romanian and, in practice, in English, and it puts formal pressure on carriers to substantiate "extraordinary" claims. The complaint is free. ANPC is often enough to move a carrier from a templated rejection to a properly documented answer — and sometimes to a payment.
AACR — Autoritatea Aeronautică Civilă Română. Romania’s national enforcement body for EU 261, designated under article 16 of the Regulation. AACR is the technical authority on whether a given event was, in fact, extraordinary, and its findings carry weight if the dispute later reaches court. File with AACR when the airline insists on "ATC" without naming the restriction.
Judecătoria. The local court of first instance. EU 261 claims under 200 000 RON go to the Judecătoria where you live or where the airline has its operational base in Romania. A single-claim file is realistic to prepare yourself, but most Romanian passengers reach the right outcome before it goes that far — either through ANPC, AACR or a no-win-no-fee service.
Whichever route you pick, the three-year prescription period under article 2517 of the Romanian Civil Code is the hard deadline. The CJEU confirmed in Cuadrench Moré (C-139/11, 2013) that national limitation periods govern EU 261 claims, and Romanian courts have followed that line consistently. Three years from the disrupted flight, and the case is barred — strike-related or not.
The official EU 261 text is on EUR-Lex — Regulation (EC) No 261/2004 .
Quick decision tree for a Romanian passenger
- Was the cause an ATC strike, airspace closure or authority safety order? → Fixed compensation normally does not apply, but the duty of care does. Keep every receipt.
- Was the cause the airline’s own pilots or cabin crew? → Compensation normally applies under Krüsemann. File the claim.
- Did the airline only write "ATC reasons" or "operational restrictions"? → Demand specifics in writing. If they do not arrive, escalate to ANPC, AACR or the Judecătoria.
- Did the airline refuse meals or a hotel during the wait? → Pay yourself, keep receipts, reclaim. The right stands regardless of cause.
- Are you inside the three-year prescription window? → Yes, you can still act. No, the case is barred.
Get a free eligibility check for your ATC-delayed flight
This is not legal advice
This page draws on published EU and Romanian sources — case law from the Court of Justice, the consolidated text of Regulation 261/2004 and the published practice of ANPC and AACR. It is informational and does not replace individual advice. For your specific case, contact ANPC, AACR or a Romanian lawyer admitted before the Judecătoria. Last reviewed: 2 June 2026. Romanian-language version: Greva controlorilor de trafic aerian și compensarea zborului .
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