Flight delayed by a technical fault: are you owed compensation?
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
The airline has told you your flight was delayed or cancelled because of a "technical fault", and that no compensation is owed as a result. It is the excuse airlines use most, and as a general rule the answer is that you are still owed compensation: the Court of Justice of the EU has spent over a decade making clear that a technical fault is part of the normal risk of operating aircraft. This guide explains exactly what that case law says, the narrow, specific cases where a fault can exempt the airline, how much you can claim, and what to ask for in writing before accepting a "no" with no further explanation.
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Check my flight1A technical fault is not an extraordinary circumstance, even an "unexpected" one
Article 5(3) of Regulation (EC) 261/2004 exempts the airline from paying compensation when the delay or cancellation is caused by extraordinary circumstances it could not have avoided even with all reasonable measures. The Court of Justice of the EU decided over a decade ago that a technical fault on its own almost never falls into that category.
The rule since 2008
Wallentin-Hermann v Alitalia (CJEU, C-549/07): a technical problem inherent in the normal exercise of an airline's activity is not an extraordinary circumstance. Keeping aircraft airworthy is part of the ordinary risk of flying, so compensation is owed.
Many guides stop there and assume the airline is only exempt for an "unforeseeable" fault. The CJEU went further and closed that back door in 2015, in a case most Spanish-language guides on this topic leave out.
The case that closes the loophole
van der Lans v KLM (CJEU, C-257/14): even an unexpected fault caused by the premature wear or failure of a component, and discovered during a routine maintenance check, is still not an extraordinary circumstance. Compensation is owed all the same.
2When a fault CAN be an extraordinary circumstance
The list of exceptions is short, and in every one of them the airline must prove your specific flight with documentation, not a generic explanation.
A hidden manufacturing defect revealed by the manufacturer or the authorities
If it affects the safety of a whole fleet and could not have been detected with routine maintenance, it can be extraordinary. The airline must back it up with the manufacturer's or aviation authority's bulletin — simply claiming it is not enough.
Sabotage or an act of terrorism
Intentional damage by a third party unconnected to the airline can be an extraordinary circumstance, if the airline proves it.
A bird strike
The CJEU accepted this in Pešková (C-315/15) as an extraordinary circumstance, though the airline still has to prove it could not avoid the resulting delay.
In all three cases, proving the cause is not enough: the airline must also show it took all reasonable measures for that specific flight, for example sourcing a replacement aircraft. And if the delay stems from a fault on an earlier flight, it also needs a direct causal link to your own flight (CJEU, C-74/19): saying "the aircraft was already delayed" is not enough.
3How much you are owed
Compensation per passenger
Up to 1,500 km
Madrid–Barcelona, Madrid–London, Barcelona–Rome
Over 1,500 km within the EU, or 1,500–3,500 km
Madrid–Tenerife, Barcelona–Athens, Madrid–Cairo
Over 3,500 km outside the EU
Madrid–New York, Madrid–Buenos Aires
It can be halved
If you are rebooked on a flight arriving no more than 2, 3 or 4 hours after your scheduled arrival (depending on distance), the airline may pay 50% (Art. 7(2)).
4What to ask for in writing before accepting the "no"
The burden of proof is on the airline, not you. A simple "technical problems" on the delay notice proves nothing: ask for the exact cause in writing before giving up.
The specific technical cause of the fault, not a generic phrase like "technical problems".
The technical report identifying the affected component and the reason for the failure.
The maintenance records for that aircraft in the preceding weeks.
The manufacturer's or aviation authority's service bulletin, if it claims a hidden manufacturing defect.
What measures it took to source a replacement aircraft or crew.
If the airline does not provide this documentation, its claim of a technical fault has no sufficient basis and compensation is owed.
5How to claim, step by step
- 1
Do not accept the excuse at face value
When told "technical fault", ask for the specific cause in writing before writing off the claim.
- 2
Claim in writing to the airline
Send your claim with the flight number, the date and the compensation owed depending on distance.
- 3
Ask for the technical documentation
Request the fault report, the maintenance records and any applicable service bulletin.
- 4
No reply or unsatisfied in a month? Escalate
You can complain free of charge to AESA if the flight departed Spain, or go to the juzgado de primera instancia (no lawyer needed up to €2,000).
- 5
Or hand it to AviFly
We assess whether the fault claimed meets the CJEU's requirements and handle the claim and, if needed, the lawsuit. We only charge if you get your compensation: 15% + VAT out of court and 30% + VAT in court.
6If the airline does not reply: AESA and the courts
Since 2 June 2023, AESA's decision is binding on the airline: if it rules in your favour, the airline has one month to pay you, and if it does not, you can have that decision enforced before the juzgado de primera instancia, with no need for a new lawsuit. Filing is free and done online, within one year of your first claim to the airline.
Timeline if you escalate your claim
Wait for the airline to reply
Before you can go to AESA
File the claim with AESA
From your first claim to the airline
AESA decides
Indicative timeframe, extendable for complex cases
The airline must pay
From when AESA notifies its decision
AESA does not handle baggage
If the problem is a bag lost or damaged, that is governed by the Montreal Convention, not by AESA.
The generally accepted time limit to claim in Spain is 5 years from the flight date (Art. 1964 of the Spanish Civil Code).
AviFly reviews your technical fault claim
Nothing upfront. We only charge if you get your compensation.
Check my case for freeFrequently asked questions
Does a technical fault always exempt the airline from paying?
No. As a general rule, an ordinary technical fault, including an unexpected fault from the premature wear of a component, is not an extraordinary circumstance (CJEU, Wallentin-Hermann C-549/07 and van der Lans C-257/14), so compensation is owed.
What if they say it was a hidden manufacturing defect?
It can be an extraordinary circumstance, but only if it affects a whole fleet and the airline backs it up with the manufacturer's or aviation authority's bulletin, not a bare statement.
Do I have to prove the fault was not extraordinary?
No. The burden of proof is on the airline: it must establish the specific cause, that it was extraordinary, and that it took all reasonable measures to avoid the delay.
What if the airline only says "technical problems"?
Ask in writing for the exact cause and the technical documentation before accepting the answer. A generic explanation proves nothing.
Who do I claim to if the airline does not reply?
If the flight departed Spain, you can complain free of charge to AESA, whose decision has been binding on the airline since 2 June 2023, or go to the juzgado de primera instancia. The generally accepted time limit to claim is 5 years from the flight.