TAP strike compensation: when you can still claim

Short answer: A strike by TAP's own pilots (SPAC) or cabin crew (SNPVAC) is not an "extraordinary circumstance," so TAP normally still owes compensation when such a strike cancels your flight or leaves you three or more hours late at your final destination (Airhelp v SAS, C-28/20). A strike by outsiders — air-traffic controllers or airport ground staff — is different and can exempt TAP. Either way, TAP must still feed and house you while you wait.

Why a TAP crew strike still pays

TAP can only avoid the fixed cash payment if it proves an extraordinary circumstance under Article 5(3) that could not have been avoided even with all reasonable measures. In Airhelp v SAS (C-28/20) the Court of Justice held that industrial action called by an airline's own staff — over pay or conditions — is part of the normal exercise of the carrier's business and is not extraordinary, even when the walkout is lawful and disruptive.

TAP's SPAC pilot union and SNPVAC cabin-crew union have both staged repeated stoppages at Lisbon (LIS) and Porto (OPO). Each is a strike by TAP's own workforce, so a flight cancelled or seriously delayed because its crews downed tools will normally still carry compensation. "Cancelled due to strike" on your notification is often the start of a claim, not the end of one.

When a strike can exempt TAP

The exemption bites when the strike is external to the airline. If air-traffic controllers strike, or airport security and ground-handling staff walk out and shut down the operation, TAP is not the employer and cannot control the outcome — that can qualify as an extraordinary circumstance. The distinction is who is striking, not the word "strike."

Even where a strike is genuinely extraordinary, TAP must still take all reasonable measures to limit the damage, such as rebooking you on the next available flight, including on another carrier. The defence has two limbs: TAP must prove both that the event was truly extraordinary and that it did everything reasonable to reroute you. If it cannot show both, the exemption fails and the fixed compensation still stands.

How much a strike claim is worth

The amount depends on distance to your final destination, not on the fare or the reason for the delay.

A three-hour arrival delay is treated like a cancellation for payment purposes (Sturgeon, C-402/07), and the clock that counts is when you actually reach your final destination. TAP's Brazil, US, Canada and Africa routes sit firmly in the EUR 600 band. If a Lisbon feeder is grounded by a crew strike and you miss a long-haul connection on the same booking, it is the delay at the final destination — São Paulo, Newark, Luanda — and the total distance to it that govern (Folkerts, C-11/11). Under Article 7(2), TAP may halve the sum (for example EUR 300 in place of EUR 600) if it reroutes you close to your original arrival time. Run the numbers on the flight compensation calculator.

Care applies even when compensation does not

Article 9 gives you a right to care that is separate from compensation and does not depend on whose fault the strike is. Once you wait beyond two, three or four hours by distance, TAP must provide meals, refreshments and communication, and pay for a hotel and transfers if you are stranded overnight. This duty holds even during genuinely extraordinary events and is not capped (McDonagh, C-12/11). So even where an ATC strike removes the cash payment, TAP still owes the food and the room — keep every receipt. You also keep the right to a full refund or rerouting when a strike cancels your flight; see the TAP cancelled-flight guide.

How to document a strike claim

Because TAP will often reach for "extraordinary circumstances," your evidence should pin down who was striking. Screenshot the cancellation or delay message and any reason TAP gave, and save news coverage or union announcements naming SPAC or SNPVAC — that confirms it was TAP's own staff. Record when you finally arrived (the moment a cabin door opened), and keep boarding passes and receipts. If your leg was flown by TAP Express or a codeshare partner, check the "operated by" line, since the operating carrier is the one that pays (Wirth, C-532/17).

Then send TAP a written claim stating the flight, the arrival delay at your final destination and the amount due, citing C-28/20 if it blames a crew strike. Our how-to-claim guide covers the wording; if TAP refuses, the rejected-claim guide explains the next step. You can escalate to Portugal's regulator, ANAC, or sue in the courts of either the departure or arrival airport (Rehder, C-204/08). Flights departing a UK airport fall under UK261 (GBP 220/350/520) instead of EU261.

ClaimWinger takes strike cases on a no-win, no-fee basis: no upfront cost, and we charge a commission only if your claim succeeds. If a TAP strike wrecked your trip, start a free check on our delayed-flight or cancelled-flight page and we will handle the airline. For the wider picture, the hub TAP Air Portugal compensation guide ties it all together.

FAQ — Frequently asked questions

TAP cancelled my flight because of a pilot strike — do I still get paid?

Usually yes. A strike by TAP's own pilots (SPAC) or cabin crew (SNPVAC) is not an extraordinary circumstance (Airhelp v SAS, C-28/20), so TAP normally still owes EUR 250-600 by distance, provided you had less than the required cancellation notice or were rerouted outside the allowed window.

Does an air-traffic-control strike also pay?

Generally no. ATC controllers are not TAP staff, so an ATC or airport strike can qualify as an extraordinary circumstance and remove the cash payment. Your right to care still applies, and TAP must still prove the delay was truly unavoidable.

The strike was announced weeks ahead. Does that change my claim?

For a cancellation, advance notice can defeat compensation if TAP told you at least 14 days before departure, or rerouted you within the Article 5(1)(c) windows. For a crew-strike delay of three hours or more where you still travelled, the payment normally stands.

What if I missed my long-haul connection because a strike grounded the first leg?

On a single booking, the arrival delay at your final destination and the total distance to it decide the amount (Folkerts, C-11/11). A short Lisbon feeder lost to a crew strike can therefore produce a EUR 600 claim based on the distance to Brazil or the US.

Does the July 2026 reform change strike claims?

No. The proposed EU261 reform (including a nine-month claim window and a 30-day airline response deadline) is a proposal, not yet in force. The three-hour threshold and the EUR 250/400/600 amounts still apply today.

Sources

• Regulation (EC) No 261/2004 — EUR-Lex
• Court of Justice of the EU — case law (Airhelp v SAS C-28/20)
• ANAC — Portuguese Civil Aviation Authority: passenger rights

This guide reflects the EU261 position in 2026: the three-hour threshold and the EUR 250/400/600 amounts are in force, while the proposed EU261 reform is not yet applicable. It is general information, not legal advice; verify the current position for your specific flight.