Indeed. There is jurisprudence in Belgian travel legislation that touroperators are responsible in case of a strike that has been announced clearly and well in advance - and that touroperators are not responsible in case of a wildcat strike. Apparent reason: a wildcat strike happens when workers "are forced" to go on strike.Yuqu12 wrote: ↑12 Feb 2020, 15:48 Quite strange to read such a decision as this seems contrary to the ruling of the CJEU in the Krüsemann/TUIFly-case, where the CJEU stated:
"Article 5(3) of Regulation (EC) No 261/2004 (...) read in the light of recital 14 thereof, must be interpreted as meaning that the spontaneous absence of a significant part of the flight crew staff (‘wildcat strikes’), such as that at issue in the disputes in the main proceedings, which stems from the surprise announcement by an operating air carrier of a restructuring of the undertaking, following a call echoed not by the staff representatives of the company but spontaneously by the workers themselves who placed themselves on sick leave, is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision."
If a spontaneous strike from the cabin crew is not an extraordinary circumstance according to the CJEU, I simply cannot see how a union-led strike would be an extraordinary circumstance. Certainly when such a union-led strike is announced. Then the airline can already take some measures before the strike itself in order to remedy it as much as possible.
On 15/06/2016, the EU has published this document: "...Interpretative Guidelines on Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and on Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents as amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council (2016/C 214/04)..."
https://eur-lex.europa.eu/legal-content ... 15%2801%29
Article 5 there handles "extraordinary circumstances". Unfortunately, there is no clarification about strikes. Maybe that's something that will be in the amendment to 261/2004, that's now being discussed at the EU.