August 30, 2019 - Assignment

The National Board for Consumer Disputes finds that passengers are not entitled to extra compensation for cancelled flights due to pilot strike at SAS

From 26 April to 2 May 2019, SAS pilots from pilot unions in Denmark, Norway and Sweden went on strike resulting in more than 4 000 cancelled flights.

Under the rules of EU Regulation 261/2004, passengers are entitled to an extra, standardised compensation in case of delayed or cancelled flights, unless caused by an extraordinary circumstance outside the airline's control.

The National Board for Consumer Disputes on 29 August 2019 handed down a landmark decision finding that the pilot strike at SAS was an extraordinary circumstance. The Board further found that SAS had proved that it had done everything reasonable to avoid the strike and to avoid cancellation of the flight which was in dispute. This means that SAS is not obliged to pay extra, standardised compensation under Regulation 261/2004.

SAS was advised by Mannheimer Swartling.