TAP weather, ATC and extraordinary circumstances

Short answer: Under EU Regulation 261/2004 (EU261), TAP escapes the EUR 250-600 payment only if it proves two things: that an extraordinary circumstance caused your disruption and that it took all reasonable measures to avoid the delay. Genuinely external events - severe weather that grounds the flight, an air-traffic-control strike, an airspace closure - can qualify. TAP's own problems (crews, aircraft, planning) do not. Whatever the cause, your right to meals and a hotel never disappears (McDonagh, C-12/11).

What the law means by "extraordinary"

Article 5(3) lets an airline avoid the cash payment only for circumstances "which could not have been avoided even if all reasonable measures had been taken." The Court of Justice reads that narrowly. In Wallentin-Hermann (C-549/07) it held that the exception covers only events that are, by their nature or origin, not inherent in the normal exercise of running an airline and outside the carrier's actual control. Weather and air-traffic control usually pass that test; the airline's own operations usually do not.

Weather: often covered, but never automatic

Severe weather at your departure or arrival airport - a storm, dense fog, heavy snow, an ash cloud - is the textbook extraordinary circumstance. If genuine weather closes Lisbon (LIS) or Porto (OPO) and grounds your flight, TAP can normally refuse compensation.

But three cautions apply. TAP must show the weather actually affected your flight, not merely that conditions were poor somewhere that day. A knock-on delay from an aircraft left out of position by earlier weather is the airline's problem to recover, not a shield. And "weather" is not a magic word - TAP still has to prove it and show it acted reasonably afterwards. A one-line "adverse weather conditions" proves none of that.

Air traffic control and airspace

Restrictions imposed from outside the airline are the other main category. An air-traffic-control (ATC) strike, ATC flow restrictions and slot delays, a military or safety airspace closure, or an airport shut by third parties are generally extraordinary, because they lie outside TAP's control.

The crucial contrast is with the airline's own staff. A strike by TAP's SPAC pilots or SNPVAC cabin crew is not extraordinary - it is part of the normal exercise of the business (Airhelp v SAS, C-28/20) - so those cancellations usually still pay. The test is who controls the cause, not the word "strike"; our strike compensation guide draws that line.

If TAP instead blames a "technical problem," treat that with the same scepticism - ordinary faults are not extraordinary either; see our technical-fault guide.

The burden is on TAP - and reasonable measures matter

Even a real extraordinary event does not end the claim by itself. TAP carries the burden of proof on both limbs: it must prove the circumstance, and prove it took all reasonable measures to limit the fallout - rebooking you promptly on the next available service, including on another airline. If an ATC restriction hit but TAP left you a full day when a partner carrier had seats, the exemption can fail on that second limb. "It was the weather" is the start of TAP's argument, not the whole of it.

Care applies even when compensation does not

This is the point passengers most often miss. Article 9 gives you a right to care separate from compensation and independent of fault. Once you wait beyond two, three or four hours by distance, TAP must provide meals, refreshments and communication, and a hotel and transfers if you are stranded overnight. In McDonagh (C-12/11), which arose from the ash cloud that closed European airspace, the Court confirmed this duty holds even during extraordinary circumstances and is not capped. So an ATC strike can remove the EUR 600 payment while TAP still owes every meal and hotel night - keep the receipts.

What you can still be owed

Because TAP is a Portuguese (EU) carrier, EU261 covers every TAP flight leaving an EU airport and every TAP flight arriving in the EU from a third country. Where no valid extraordinary defence exists, a three-hour-plus arrival delay is paid like a cancellation (Sturgeon, C-402/07):

TAP's Brazil, US, Canada and Africa routes sit in the EUR 600 band. Under Article 7(2), TAP may halve the figure (EUR 300 for EUR 600) if a rerouting brings you in close to schedule. For a connection, the delay at your final destination and the total distance to it govern, not the leg that was hit (Folkerts, C-11/11) - see our missed-connection guide. Estimate your figure with the flight compensation calculator.

How to challenge an "extraordinary circumstances" refusal

Do not argue meteorology - argue proof. Ask TAP for the specific cause and its evidence, and check whether the "operated by" line names TAP, TAP Express or a codeshare partner, since the operating carrier is liable (Wirth, C-532/17). Screenshot the delay notice, record your true arrival time, and keep all care receipts. If TAP holds a thin "no," escalate - our rejected-claim guide covers the next step, and you can 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 - see UK261 vs EU261. Claim time limits vary by jurisdiction, so check yours early.

ClaimWinger works on a no win, no fee basis: no upfront cost, and we charge a commission only if your claim succeeds. We test TAP's extraordinary-circumstances excuse against the case law, demand the evidence the airline hopes you skip, and handle escalation. Start a free check on our delayed-flight or cancelled-flight page, or read the full TAP Air Portugal compensation guide.

FAQ — Frequently asked questions

TAP blamed bad weather. Do I have any claim?

Possibly. Weather that genuinely grounds your flight can be extraordinary, but TAP must prove it hit your specific flight and took all reasonable measures afterwards. A vague "adverse weather" line, or a knock-on delay from earlier disruption, is often not enough - and care applies regardless.

Is an air-traffic-control strike the same as a TAP strike?

No, and the difference decides your claim. An ATC or airport strike is by outsiders and usually extraordinary, so it can remove the payment. A strike by TAP's own pilots or cabin crew is not (Airhelp v SAS, C-28/20), so those cancellations normally still pay EUR 250-600.

If it really was extraordinary, do I get nothing?

You still get care. Article 9 meals, refreshments and a hotel are owed even during genuine extraordinary events and are not capped (McDonagh, C-12/11). You also keep the right to a full refund or rerouting if the flight was cancelled.

Who has to prove the weather or ATC excuse?

TAP does. It must prove both that an extraordinary circumstance occurred and that it could not have avoided the delay with all reasonable measures. If it cannot document both, the excuse fails.

Does the July 2026 reform change any of this?

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. Today's three-hour threshold and the EUR 250/400/600 amounts still apply.

Sources

• Regulation (EC) No 261/2004 - EUR-Lex
• Court of Justice - Wallentin-Hermann (C-549/07)
• Court of Justice - McDonagh (C-12/11)
• ANAC - Portuguese Civil Aviation Authority

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 (a nine-month claim window and a 30-day airline response deadline) is not yet applicable. It is general information, not legal advice; verify the current position for your specific flight.