Lightning on an airplane the day before a flight is not an extraordinary circumstance

In a decision of 13 May 2019, the former District Court Tribunal d’instance of Ivry sur Seine ruled that the lightning strike of an aircraft, which occurred the day before the flight, was not of such an extraordinary nature as to exonerate the airline from its obligation to pay compensation.

Jan 25, 2020

In a decision of 13 May 2019, the former District Court Tribunal d’instance of Ivry sur Seine ruled that the lightning strike of an aircraft, which occurred the day before the flight, was not of such an extraordinary nature as to exonerate the airline from its obligation to pay compensation.

The Tribunal issued its decision, fully applying the provisions of Regulation 261/2004, arguing that the airline failed to take all the necessary measures to replace its aircraft.

This decision is now final and could well set a precedent.