Wallentin-Hermann C-549/07
The airline blamed a technical fault
Airlines reach for "technical issue" as if it ends the conversation. The courts have said clearly that it does not.
The short answer
Usually still payable. Routine technical and mechanical faults are part of running an airline and are not extraordinary circumstances.
The one thing to know: In Wallentin-Hermann and van der Lans the Court held that faults arising in the ordinary course of operating aircraft are inherent in the job — so compensation stays due.
How it actually works
- The leading rule
- Technical problems that come to light during normal operation — including a part that spontaneously fails — are not extraordinary. The airline carries that risk, not you.
- The narrow exception
- A hidden manufacturing defect revealed by the maker or a safety authority, or sabotage, can be different. These are rare and the airline must prove them.
- What to ask
- Request the specific nature of the fault in writing. A vague "technical reason" is a weak defence, and the burden of proof sits with the airline.
Claiming yourself is free and keeps the whole amount. On European short-haul, Compensair is the cheaper service if you hit a wall.
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 a technical fault: am I owed compensation?
Usually still payable. Routine technical and mechanical faults are part of running an airline and are not extraordinary circumstances.
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.