Air traffic controllers strike in France: What rights do affected passengers have?

On December 17, 2024, several flights scheduled for that date were canceled in Metropolitan France due to air traffic controller strikes, reported Le Figaro, summarizing information from airports in France published in a press release from the Directorate General of Civil Aviation (DGAC).

The strikes lasted one day, and caused difficulties for passengers planning flights to and from several domestic cities such as Ajaccio, Lyon and Montpellier.

This strike was organized following a wage dispute between various unions, including air traffic controllers.

This movement echoes a similar strike that took place at Beauvais airport last summer, leading to delays on many flights, and several cases of cancellations.

Canceled flight: what is it?

For passengers, the most important legal act regulating their rights is regulation eu261. There is also a definition of flight cancellation. This concept is understood as the impossibility of carrying out a previously planned flight for which at least one seat has been reserved. The following situations are considered as a cancelled flight:

– Changing a flight to a flight on the same route but with a different flight number,

– A flight to a different location than the one booked (for example a flight booked to Madrid, but the plane landed in Paris and a bus took the passengers to their destination),

– The plane took off but returned to the departure airport and did not reach its destination,

– The flight did not take place and the passenger is not taking another flight.

You are not eligible for compensation for a cancelled flight if:

– Information about the cancelled flight was provided to you at least 14 days before the scheduled departure;

– The airline has informed you within 14 to 7 days that your flight is cancelled and that the proposed alternative flight would depart no earlier than 2 hours before the scheduled departure and arrive at its final destination no later than 4 hours later than the original flight;

– The carrier has sent a flight cancellation notice to passengers within less than a week, and the change in travel plan proposed to them provides for a departure no earlier than one hour before the scheduled flight, and an arrival at the destination no later than 2 hours than in the case of the scheduled flight.

– The flight was cancelled for reasons beyond the control of the airline operating the flight – so-called extraordinary circumstances due to: Difficult weather conditions, air traffic controllers’ strike, etc.

Flight cancelled due to Air Traffic Controller Strike

Until recently, no compensation was paid for flight delays or cancellations caused by a strike by air traffic controllers.

– A possibility of compensation for passengers affected by flight delays and cancellations

However, in April 2018, the Court of Justice of the EU issued a judgment that provides a legal basis for claiming compensation in such a situation. The judgment clarifies that airlines are also required to pay compensation in the event of unforeseen strikes. Therefore, it is worth demanding that your rights be respected and seeking compensation in such a case.

Rights provided for by the European Regulation

Europe has laws and authorities that protect the rights of consumers, including passengers. There are several ways to get money from the airline. I will tell you where to go to get compensation.

Who can receive compensation?

In the European continent, passenger rights (or air consumers) are guaranteed by Regulation of the European Parliament and of the Council No 261/2004 “Establishment of common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

According to the regulation, a passenger can receive compensation from the airline if:

– They were denied boarding on the flight. For example, when a passenger was overbooked, i.e. the airline sold more tickets than seats in the cabin and they did not have enough space.

– The flight was cancelled.

– The flight was delayed by two hours or more depending on the distance of the flight.

The regulation protects the rights of all passengers who are in the European Union, regardless of their nationality and place of residence. It applies to airlines that operate flights from the EU to third countries, from third countries to the EU as well as within the European Union. The protection applies not only to passengers on scheduled flights, but also to charter flights.

What do you need to claim compensation?

For a passenger to be eligible for compensation, two conditions must be met:

– The citizen must have a confirmed flight reservation.

– Unless the flight has been cancelled, the passenger must be present at check-in at the time indicated in the airline’s email or in the booking confirmation. If the time is not specified, then you must arrive no later than 45 minutes before departure.

– It is important that the traveler keeps their tickets and boarding passes to prove their check-in if necessary.

Defending your compensation: Should you call in an expert or is it better to do it yourself?

The decision to contact an experienced lawyer or to defend your rights yourself depends on several criteria, including the knowledge and skills you have accumulated in the field of air consumer rights, the name of the airline, etc.

Indeed, there are no restrictions that oblige only a legal expert with a local license to practice to represent your interests in court. However, without a minimum knowledge of case law, it is difficult to competently draw up the necessary documents or participate in a court hearing. Therefore, if the cost of the problem is such that it makes sense to contact a compensation specialist, it is better to do so.

Claim your rights easily: It is easier, cheaper and more effective to turn to those who work in this field than to independently understand the nuances of the legislation.