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EU/UK RightsMay 5, 20268 min read

easyJet Technical Fault Cancellation: Is It Extraordinary Circumstance?

LC

Loren Castillo

Founder, TravelStacks

easyJet frequently cites technical faults to deny EU261 compensation. But European courts have consistently ruled that routine maintenance faults are not extraordinary circumstances. Learn when a technical fault counts, when it does not, and how to fight back.

easyJet Technical Fault Cancellations and EU261

When easyJet cancels your flight or causes a significant delay due to a technical problem, it often tells passengers the disruption was caused by an 'extraordinary circumstance' under EU Regulation 261/2004. If that defense succeeds, easyJet pays no fixed compensation. But the defense fails in most technical fault cases. The European Court of Justice (ECJ) has made clear that routine aircraft maintenance faults are inherent to airline operations and do not qualify as extraordinary circumstances under EU261.

The core rule: A technical fault is only an extraordinary circumstance if it was caused by an event genuinely outside easyJet's control, such as a hidden manufacturing defect not discoverable by standard checks or damage from an external event. Routine wear, component failure, and maintenance faults do not qualify. See the full framework at EU261 rights.

easyJet is an EU carrier headquartered in the UK, operating flights across Europe and internationally. All flights departing from EU airports are fully covered by EU Regulation 261/2004, regardless of the destination. Flights from UK airports to EU destinations are covered by retained UK261 legislation.

What the ECJ Said About Technical Faults

The landmark case is Wallentin-Hermann v Alitalia (C-549/07, 2008). The ECJ held that a technical problem discovered during routine maintenance, or that manifests during regular operation, is inherent to the normal exercise of an airline's activity and therefore is NOT an extraordinary circumstance. This ruling is binding across all EU member states and has been applied in hundreds of cases involving easyJet.

  • Wallentin-Hermann test: The technical issue must be (1) not inherent to the airline's normal activity and (2) beyond the airline's actual control, despite all reasonable precautions.

  • van der Lans v KLM (C-257/14, 2015): An oil leak caused by a part failing earlier than its expected replacement cycle is NOT extraordinary. Wear and component degradation are foreseeable.

  • Incident-on-a-previous-flight argument: easyJet sometimes claims a technical fault on a prior rotation caused your delay. Courts examine whether easyJet had adequate turnaround time to catch and address the fault. If it did, the defense weakens.

  • Hidden manufacturing defect exception: A fault caused by a hidden defect that escaped all reasonable manufacturer and operator checks CAN be extraordinary. But easyJet must prove this with specific documentation.

The burden of proof sits squarely with easyJet. A vague denial letter citing 'aircraft technical issue' without identifying the specific fault, when it was discovered, and why it could not have been avoided does not satisfy the EU261 legal standard.

Technical Faults That Are NOT Extraordinary (Most Common)

The following technical fault types have been consistently rejected as extraordinary circumstances by courts and enforcement bodies across the EU:

  • Hydraulic system failures: These are known failure modes for aircraft components and are addressed by scheduled maintenance programs.

  • Avionics or sensor faults: Faulty sensors, indicator lights, or navigation equipment discovered during pre-flight checks fall under routine operations.

  • Engine oil leaks or consumption issues: Covered by van der Lans. Predictable wear on engine seals and oil systems is not extraordinary.

  • Landing gear problems: Gear mechanism faults found during turnaround are inherent operational risks, not external events.

  • Pressurization faults: Cabin pressurization issues discovered during checks are routine technical matters.

  • Bird strikes causing minor damage: Courts in the UK and EU have split on this. Significant structural damage from a bird strike can be extraordinary. Minor damage that requires a quick inspection may not be.

Pattern to watch for: easyJet sometimes classifies what was actually a scheduling or crew issue as a technical fault. If your flight was delayed late in the evening and easyJet cited 'technical reasons,' check FlightAware for the aircraft's full day of flights. A rotation that ran late all day suggests an operational, not technical, cause.

Technical Faults That MAY Be Extraordinary

A narrow category of technical faults can qualify as extraordinary circumstances, but easyJet carries a heavy evidentiary burden to establish them:

  • Hidden manufacturing defect: A structural or component fault that could not have been discovered through the manufacturer's and airline's standard inspection protocols. easyJet must produce documentation from both the manufacturer and its own maintenance records.

  • Damage from a collision on the ground caused by airport equipment: If airport ground crew or a third-party vehicle damaged the aircraft, the damage is an external event beyond easyJet's control.

  • Lightning strike causing electrical damage: A direct lightning strike that caused damage beyond normal aircraft protection systems can be extraordinary if easyJet documents the specific damage and its cause.

  • Sabotage or deliberate damage: External criminal acts affecting airworthiness are extraordinary, subject to police and safety authority documentation.

Even in these cases, easyJet must also prove it took all reasonable measures to minimize the delay, including sourcing a replacement aircraft, rebooking passengers on alternative flights, and arranging duty of care. Failing on either prong of the test means compensation remains owed.

How to Challenge easyJet's Technical Fault Denial

Receiving a technical fault denial from easyJet is not the end of your claim. Follow these steps to build a strong challenge:

  1. 1

    Request the denial in writing if easyJet only communicated by app notification or phone. You need their stated reason documented.

  2. 2

    Ask easyJet specifically: what was the fault, when was it discovered, and what documentation exists showing it could not have been avoided through standard maintenance?

  3. 3

    Check FlightAware (flightaware.com) for the aircraft registration. Track the aircraft's full day of flights. If the aircraft ran late all day, the disruption was likely operational, not a sudden technical fault.

  4. 4

    Cite Wallentin-Hermann (C-549/07) in your challenge letter. State that a technical fault must be both inherent and unavoidable to qualify as extraordinary, and request easyJet's evidence.

  5. 5

    Give easyJet 14 days to respond with specific documentation. If it does not respond or maintains a vague denial, escalate to the national enforcement body.

If you want the process handled for you, TravelStacks manages EU261 claims against easyJet on a no-win no-fee basis, including technical fault denials that require escalation.

Escalating to the National Enforcement Body

If easyJet denies your claim or stops responding, the next step is your country's national enforcement body (NEB). For flights from UK airports, the Civil Aviation Authority (CAA) handles complaints. For flights from EU airports, the relevant NEB depends on the country of departure:

  • Spain (easyJet flights from Spanish airports): AESA (Agencia Estatal de Seguridad Aerea)

  • France: DGAC (Direction Generale de l'Aviation Civile)

  • Germany: Luftfahrt-Bundesamt (LBA)

  • Italy: ENAC (Ente Nazionale per l'Aviazione Civile)

  • Netherlands: ILT (Inspectie Leefomgeving en Transport)

NEBs can require easyJet to provide its evidence for the extraordinary circumstances claim and can rule in your favour. The process is free. Full contact details for all EU national enforcement bodies are listed on the European Commission transport page. For a complete overview of your rights and the EU261 escalation ladder, see the EU261 rights guide.

Frequently Asked Questions

  • Can easyJet use any technical fault to avoid EU261 compensation? No. Under Wallentin-Hermann, only technical faults caused by events outside easyJet's control and not inherent to normal airline operations can qualify.

  • What if easyJet offers a voucher instead of cash? You are not required to accept a voucher. EU261 entitles you to cash payment. You can voluntarily accept a voucher, but never as a substitute under pressure.

  • Does the fault have to be on my specific aircraft? easyJet sometimes cites a fault on an inbound aircraft. The same rules apply: the fault must be extraordinary and unavoidable, regardless of which aircraft in the rotation was affected.

  • What compensation am I entitled to? 250 EUR for flights under 1,500 km, 400 EUR for 1,500-3,500 km, 600 EUR for flights over 3,500 km delayed 4+ hours at the final destination.

  • How long do I have to claim? The limitation period varies by country. In the UK it is 6 years. In most EU countries it is 2 to 5 years. File as soon as possible.

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