If a strike has just hit your flight from Bucharest, Cluj, Iași or Timișoara — or you are stuck abroad on the way back — the next few hours decide two things. Whether you are looked after while you wait, and whether you keep the right to file an EU 261 claim later. This page is built for someone reading on a phone at the gate, not for someone with time to read the regulation. Work the checklist first; you can come back for the legal background when you are sitting calmly.
The good news is that one part of the rulebook does not depend on who is striking. The right to meals, drinks, a hotel if you wait overnight, and an active choice between rebooking and a refund applies in every strike. Start there. The harder question — whether the airline owes you 250, 400 or 600 euro — can wait until you are home.
Checklist: do this in the first hour
Six concrete moves, in order. Each one takes a minute, and each one protects a different right.
- Get the cancellation or delay in writing. Open the airline app and screenshot the status. Ask staff to send confirmation by SMS or email — and ideally the reason given (strike, operational disruption, extraordinary circumstance). A spoken excuse at the desk disappears; a screenshot stays.
- Keep every booking document. Your boarding pass, the original confirmation email, any rebooking voucher, and a photo of the departures board showing the word "cancelled" or the delay time. Throw nothing away — these are your evidence.
- Choose actively between rebooking and refund. For a cancellation, EU 261 article 8 gives you a free choice between re-routing to your destination as soon as possible (including on a different airline, if your own carrier cannot get you there quickly) and a full refund within seven days. Decide before you accept anything verbally.
- Demand meals and a hotel while you wait. Reasonable food and drinks in proportion to the wait, plus a hotel and airport transfer if you have to stay overnight. This is duty of care under articles 8 and 9, and it applies whatever caused the strike.
- Refuse vouchers as a substitute for cash. A credit note is not a refund and is not the EU 261 compensation. It also usually ties you to the same airline with a short validity. Ask for the refund in money to your card.
- Keep every receipt. If the airline does not provide meals or a hotel and you pay yourself, you can claim the reasonable costs back. Save the receipts, take photos of them, and email yourself a copy.
That is enough for the first hour. Now you can sit down and read the rest.
What you are entitled to while you wait — regardless of the strike
There is one rule that holds in every strike, including the ones that pay zero compensation: the airline’s duty of care. Articles 8 and 9 of Regulation 261/2004 require the operating carrier to look after you on the spot. That means:
- meals and drinks in reasonable quantity, proportionate to the wait;
- a hotel and transport to and from it if you have to wait overnight or until the next available departure;
- two phone calls, telex or fax messages, or emails — in practice, basic communications;
- if you choose re-routing, a flight on the next available service to your destination.
In McDonagh (C-12/11, 2013), the CJEU was crystal clear: even when the cause is genuinely extraordinary — in that case the 2010 volcanic ash cloud — the carrier still owes care to stranded passengers. The duty does not have a financial ceiling and it is not waived by force majeure. That is why, in an air traffic control strike that pays no compensation, the airline still has to feed and lodge you.
If the airline does not step up, buy what is reasonable and claim it back later. "Reasonable" means a normal meal at airport prices, not a tasting menu; a three-star hotel, not a suite. Keep the receipts and photograph them on the spot — paper fades.
The offer you should not accept at the desk
During a strike, ground staff want the queue to move. Most of what they offer is fine, but three things deserve a pause.
A refund when you actually want to travel. If you accept getting the ticket money back, you have legally given up the journey. The airline’s duty of care on the spot can end at that moment, and you lose the right to demand re-routing. If you still want to reach your destination today, ask for rebooking — including on another airline if your own carrier cannot move you within a reasonable time. We go through the full mechanics on the dedicated cancelled flight compensation page .
A voucher instead of cash. Credit notes look generous and are sometimes worth slightly more than the ticket price, but they tie you to the same airline, often expire within twelve months, and are not the compensation under article 7. You have the right to a refund in real money to the card you paid with.
A "case closed" form. Some carriers hand out a piece of paper that, in small print, says you accept the rebooking or refund as full and final settlement of all claims arising from this flight. If you sign that, you can extinguish your right to the 250 to 600 euro compensation without realising it. Always read what you sign, and do not sign anything you do not understand. When in doubt, write next to your signature "subject to my rights under Regulation (EC) 261/2004".
When you are home: are you entitled to compensation?
Once the trip is over, the money question is decided by who was on strike.
If the airline’s own cabin crew or pilots were striking, you are usually entitled to 250, 400 or 600 euro depending on the flight distance. In Krüsemann (C-195/17, 2018) the Court of Justice ruled that a strike by the carrier’s own staff — even a so-called wildcat walkout after a surprise restructuring announcement — is not an extraordinary circumstance within the meaning of article 5(3). The reasoning is that staff relations are part of normal airline activity and within the carrier’s control. So Lufthansa, Wizz Air, TAROM, Ryanair pilot or cabin-crew strikes typically give a right to compensation.
If, on the other hand, air traffic control, ground handlers contracted by the airport, or airport security were striking, the case usually falls under the extraordinary-circumstances exception. The strike happens outside the airline, the carrier cannot control it, and even with all reasonable measures the flight could not operate. In that scenario the 250 to 600 euro is not owed — but, again, the duty of care still is.
The framework around the compensation amount comes from the consolidated reading of Regulation 261/2004 with Sturgeon (joined cases C-402/07 and C-432/07, 2009), which extended the right to compensation to delays of three hours or more at the final destination. The extraordinary-circumstances test itself was sharpened in Wallentin-Hermann (C-549/07, 2008): the cause must be outside the carrier’s actual control and not inherent in the normal exercise of its activity. Wallentin-Hermann is the lens through which every strike claim is read — and it is precisely why an "own staff" strike usually fails the test for the airline and succeeds for the passenger.
If you want a quick check on what your situation might pay, the missed connection compensation page explains how strikes interact with onward flights, and the right to care during delays page details meal and hotel thresholds.
How to file the claim from Romania
You do not need a lawyer for the first round. The procedure is designed to be passenger-friendly.
Step 1 — Write directly to the airline. Send a written claim within a reasonable time, by email or via the carrier’s online form. Include the booking reference, flight number, date, departure and arrival airports, your bank details (IBAN), and a short factual description. Attach the boarding pass, the cancellation notice, and any care receipts. Ask explicitly for the 250, 400 or 600 euro amount, reimbursement of receipts, and a written reply within 30 days.
Step 2 — Escalate to AACR. If the airline refuses, ignores you, or pays only the receipts and not the compensation, contact the Autoritatea Aeronautică Civilă Română (AACR), Romania’s national enforcement body designated under EU 261. AACR can open a file against the carrier for non-compliance and is the proper channel for flights departing from a Romanian airport.
Step 3 — Lodge a consumer complaint with ANPC or ECC Romania. For a flight booked by a Romanian consumer, ANPC (Autoritatea Națională pentru Protecția Consumatorilor) handles complaints against the airline as a service provider. If the airline is based in another EU country, ECC Romania (the European Consumer Centre) can mediate cross-border for free.
Step 4 — Take it to the Judecătoria. If administrative routes lead nowhere, file at the Judecătoria — the local first-instance court — in your district. For amounts under 10,000 lei the small-claims procedure ("procedura cu privire la cererile de valoare redusă") is written-only, costs little, and does not require legal representation. Under Rehder (C-204/08, 2009) you can sue at the airport of departure or the airport of arrival, so a Bucharest passenger flying to Madrid can choose between a Romanian and a Spanish court.
You have three years from the scheduled date of the flight to file, under article 2517 of the Romanian Civil Code. The CJEU confirmed in Cuadrench Moré (C-139/11, 2013) that national limitation periods apply to EU 261 claims, so the Romanian three-year window is what governs your case — not a one-year or two-year clause hidden in airline conditions.
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Documents to bring home and keep for three years
Most strike claims that fail, fail on evidence — not on law. Build the file while it is easy.
- Booking confirmation (PDF or email) showing original schedule and price paid.
- Boarding pass (paper or digital), even for a flight you never took.
- Screenshot of the cancellation or delay notice from the airline app, SMS or email — with timestamp visible.
- Photo of the departures board with date and time of the photo.
- Any written exchange with ground staff or customer service.
- Receipts for meals, drinks, hotel, taxis, alternative transport.
- If you bought a replacement ticket, the new booking and its price.
- For onward bookings (hotel at destination, connecting train) — proof of the cost lost.
A simple folder on your phone with a clear name (for example "Strike-W6-2026-WAW-OTP") is enough. If the case ends up at the Judecătoria, you will translate this into the court file as it is.
This is not legal advice
This page is based on Regulation (EC) 261/2004, published CJEU case law, and the practical guidance of the European Consumer Centres Network. It is general information for Romanian passengers, not legal advice on your individual case. For a binding opinion, contact ANPC, AACR, ECC Romania, or a Romanian lawyer admitted to the Bar. The Romanian-language version of this guide is available at /ce-faci-greva-zbor/ .
Frequently asked questions
Do I have to accept a refund when my flight is cancelled by a strike?
No. For a cancelled flight you choose between rebooking on a new departure as soon as possible and a full refund of the ticket. If you accept the refund, the airline considers that you have given up the journey, and its on-the-spot duty of care can end. If you still want to reach your destination, demand rebooking on the same or another airline.
Am I entitled to meals and a hotel even when the strike gives no compensation?
Yes. The duty of care under articles 8 and 9 of EU 261/2004 — meals, drinks, communications, and a hotel with transport if you wait overnight — applies in every strike. The CJEU confirmed in McDonagh (C-12/11, 2013) that this duty continues even when the cause is extraordinary. If the airline does not provide it, buy something reasonable yourself and keep every receipt.
Can I claim 600 euro if cabin crew or pilots are on strike?
Often yes. In Krüsemann (C-195/17, 2018) the CJEU ruled that a strike by the airline’s own staff — including a so-called wildcat strike — is not an extraordinary circumstance, so passengers keep their right to 250, 400 or 600 euro depending on flight distance. The amount is fixed by EU 261; it does not require you to prove a financial loss.
Should I sign a voucher or waiver form at the gate?
Be careful. A voucher is not the same as cash compensation and usually ties you to the same airline, often with a short validity. If you sign a form that says you waive any further claims, you can extinguish the right to 250 to 600 euro without knowing it. You can refuse, ask for cash, and keep your right to file a claim later — Romanian passengers have three years under article 2517 of the Civil Code.
Which Romanian authorities can I complain to?
For cross-border consumer issues, ANPC handles complaints and ECC Romania can mediate with airlines based in another EU country. AACR is the national enforcement body designated under EU 261. If the airline still refuses, the case goes to the Judecătoria — the local first-instance court — under the small-claims procedure.
Sources and further reading
- EUR-Lex — Regulation (EC) No 261/2004 (consolidated text of the EU air passenger rights regulation)
- CJEU — Krüsemann C-195/17 on wildcat strikes
- CJEU — Sturgeon joined cases C-402/07 and C-432/07 on the three-hour delay threshold
- CJEU — Wallentin-Hermann C-549/07 on the extraordinary-circumstances test
- CJEU — McDonagh C-12/11 on duty of care during extraordinary events
- AACR — Autoritatea Aeronautică Civilă Română (national enforcement body for EU 261 in Romania)
- ANPC — Autoritatea Națională pentru Protecția Consumatorilor
- ECC Romania — European Consumer Centre, cross-border mediation
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