Art 5(3)
The airline blamed air traffic control
This is one of the defences that usually holds — but, as ever, only for the delay it genuinely caused.
The short answer
Usually not payable. ATC restrictions and airport congestion are outside the airline's control and generally count as extraordinary.
The one thing to know: Air traffic control flow restrictions, airspace closures and airport slot congestion are external to the airline. Where they are the real cause, no compensation is due.
How it actually works
- Genuinely external
- The airline does not run the airspace. Where an ATC restriction genuinely grounded or delayed your flight, that is a valid extraordinary circumstance.
- But check the real cause
- "ATC" is sometimes offered where the true cause was an aircraft already running late. Ask what the aircraft did before your flight.
- Care still applies
- Even with a valid ATC defence, the airline still owes you meals and a hotel while you wait — that duty has no extraordinary-circumstances exemption.
No claims service can help where no compensation is due — anyone who says otherwise is selling. Your care and refund rights still stand.
What to do now
- Photograph the evidence — the departure board, the app before it updates, the arrival time when the door opens. The full checklist →
- Write to the airline, quoting the article and the flight. Use the template →
- Give them 28 days, then escalate free to the national enforcement body.
- Check your time limit — it ranges from one year to six by country. See yours →
Questions
The airline blamed air traffic control: am I owed compensation?
Usually not payable. ATC restrictions and airport congestion are outside the airline's control and generally count as extraordinary.
How do I claim it?
Write to the airline first, quoting the article and flight, and allow 28 days. It is free and you keep the whole amount. Escalate to the national enforcement body if refused.