"ATC restrictions" is no longer an automatic get-out. What the new EU ruling means for your claim

For years, two words ended a lot of compensation claims: “ATC restrictions”. The airline said air traffic control had limited its flight, and that was that.

On 8 October 2026, the Court of Justice of the European Union changed that (case C-108/26 RX).

What the court decided

A decision by air traffic control, such as a flow restriction or a slot, is not automatically an extraordinary circumstance. The airline has to show two things:

1. The ATC decision really caused the delay to your flight.
2. The airline couldn’t have avoided the delay, even after taking all reasonable measures.

In practice, “we were given a slot” is no longer a full answer. The airline may have to explain why the flight couldn’t be planned, swapped or rerouted to avoid it.

What hasn’t changed

• Controller strikes still count as extraordinary. If your flight was delayed by an air traffic control strike, compensation is still unlikely. See strike days: what you can still claim.
• The 3-hour rule. You still need to arrive 3 hours late or more, or have your flight cancelled with less than 14 days’ notice.
• Right to care. Meals, drinks and, if needed, a hotel are owed whatever the reason.

Does it apply to UK flights?

The ruling applies directly to flights covered by EU261. UK courts are not bound by new EU rulings, so for flights covered only by UK261 the position may be different. Some flights are covered by both: for example, a flight from Paris to London.

What to do if you were turned down

1. Ask the airline for the delay reason in writing, and for evidence of the restriction.
2. If your claim was refused only because of “ATC restrictions”, ask the airline to explain why the delay couldn’t have been avoided.
3. If it doesn’t reply within 8 weeks, or you disagree, escalate to the dispute scheme the airline belongs to.

Our step-by-step guide has a free letter: claim it yourself.

A new EU regulation is coming

A new Regulation (EU) 2026/2202 will apply from 23 October 2027. We’ll update this guide when it does.