The rains force the cancellation of 23 flights at El Prat and cause delays during the morning.

For an airline, “justifying” that a cancellation is due to extraordinary circumstances is not a single, formalized procedure throughout the EU, but rather a set of obligations and practical steps derived from Regulation (EC) 261/2004 and the case law of the CJEU. The key point is that the burden of proof always lies with the airline.

1. Internal identification and classification of the incident

The first step is internal:

• Precisely record the specific cause of the cancellation (adverse weather, airspace closure, air traffic controllers' strike, medical emergency, safety risk, etc.).
• Verify whether the cause fits what the regulations and courts consider an extraordinary circumstance: an event outside the airline's effective control, unforeseeable or unavoidable even when all reasonable measures are taken.
• Document this classification in writing (incident report, operational report, etc.).

2. Preservation and collection of evidence

The company must anticipate that, in case of a claim before the national authority or a court, it will have to prove what happened. Therefore, it must:

• Keep operational records: logbook, captain's reports, communications with air traffic control, maintenance reports, etc.
• Preserve external evidence:
  • Official weather bulletins (METAR, TAF, storm warnings, dense fog, etc.).
  • Notifications of airport or airspace closure (NOTAMs, decisions by the aeronautical authority).
  • Communications from authorities (e.g., security decisions, health alerts, sudden restrictions).
• Archive any relevant correspondence with providers (airport, handling, air navigation) that proves the impossibility of operating the flight.
• Establish a filing system that guarantees the traceability of these documents for several years.

3. Prove reasonable measures were taken to avoid the cancellation

It is not enough to demonstrate that the event was extraordinary; Regulation 261/2004 also requires proving that the airline took all reasonable measures to avoid the cancellation or minimize its impact. In practice, the company must be able to prove, for example:

• That it evaluated operational alternatives (use of another aircraft, crew change, flight rescheduling).
• That diversion or rerouting options were analyzed when technically possible.
• That there were internal procedures to manage incidents and that they were applied in this case.
• That if the cause persisted, the cancellation was decided when no other reasonable solution remained.

All these actions must also be reflected in internal reports and, when possible, supported by objective data (fleet rotation plans, crew schedules, legal flight time restrictions, etc.).

4. Passenger information and claim management

Regarding the authorities, it is also relevant how the airline fulfills its obligations towards the passenger:

• Provide clear written information at the airport about the passenger's rights under Regulation 261/2004.
• Offer assistance (meals, accommodation, communications, alternative transport or reimbursement) as appropriate, even when extraordinary circumstances exist.
• When the passenger files a claim (to the airline itself, a national body, or judicially), issue a reasoned response that:
  • Identifies the flight and date.
  • Describes the cause of the cancellation.
  • Explains why it is considered an extraordinary circumstance.
  • Details the measures taken to avoid or mitigate it.

5. Relationship with the competent national authority

Each Member State designates a national supervisory authority for Regulation 261/2004 (in Spain, AESA). The “procedures” with the authority usually occur when:

• A passenger files an administrative claim before that authority.
• The authority requests information or opens an investigation file.

In these cases, the airline must:

• Respond within the deadline to requests, providing all the evidentiary documentation already mentioned (records, reports, bulletins, communications).
• Submit an explanatory report that:
  • Describes the incident chronologically and precisely.
  • Justifies the classification as an extraordinary circumstance in light of the Regulation and case law.
  • Proves the reasonable measures taken.
• Cooperate with the authority, including additional clarifications if requested.

6. Compliance systems and training

To be able to prove all the above, it is essential that the airline has:

• Written protocols for incident and cancellation management.
• Specific training for operations staff, customer service, and legal departments on Regulation 261/2004.
• Procedures for internal review of contentious cases, in view of a possible appeal before the authority or courts.

In summary: there is no single European form to justify extraordinary circumstances; compliance depends on good documentation, evidentiary capacity, and full respect for passenger rights at every stage of the incident.

Aena is the main airport manager in Spain and one of the largest companies of its kind in the world. It is a state-owned commercial company controlled majority-wise by the State through Enaire. Its central mission is to plan, develop, and manage the network of airports of general interest, ensuring continuity, safety, quality, and accessibility of the service.

Management and planning of the airport network

One of its core competencies is the strategic planning of the network of Spanish airports:

• Define the capacity of each airport (runways, terminals, parking lots, cargo areas).
• Program and execute infrastructure investments (terminal expansions, new runways, safety improvements, etc.).
• Adapt the network to the evolution of demand, air traffic, and State transport and connectivity policies.

This planning is structured under multi-year and regulated frameworks (such as airport regulatory documents, DORA), which set service levels, investments, and tariff limits.

Operation and exploitation of airports

Aena is responsible for the daily operation of the airports it manages. Its main functions include:

• Organizing and supervising airside and apron operations (aircraft movement on the ground, parking positions, coordination with airlines and handling agents).
• Managing the operation of passenger terminals (check-in counters, security filters, boarding gates, baggage systems, signage, and passenger information).
• Coordinating ground assistance services provided by third parties (handling, fueling, catering) and ensuring compliance with standards and licenses.
• Administering air cargo infrastructure and associated services (storage, logistics operators, customs together with the competent Administration).

Operational safety, security, and emergencies

Aena has key competencies in operational safety (safety) and security against unlawful acts (security), always within the national and European regulatory framework:

• Implementing and maintaining operational safety management systems, procedures, and training to minimize risks in airport air operations.
• Designing and managing passenger and baggage control devices (security arches, scanners, baggage inspection, restricted areas), in coordination with State Security Forces and Corps.
• Developing and updating airport emergency plans, coordinating with fire services, health services, civil protection, and local authorities.
• Managing airport-specific fire and rescue services.

Relationship with users, airlines, and economic regulation

Aena acts as a public service infrastructure manager, therefore:

• Negotiates and applies the airport tariff policy (landing fees, passenger fees, parking, etc.), subject to external regulation and supervision.
• Maintains stable channels of communication with airlines, tour operators, and other agents to plan routes, capacities, and schedules.
• Manages passenger service quality, including information, incident handling, and specific services (persons with reduced mobility, unaccompanied minors, etc.).

Commercial exploitation and real estate development

Beyond the strictly aeronautical component, Aena has an important role in commercial exploitation:

• Granting concessions and managing contracts for shops, restaurants, duty-free, and other services in terminals.
• Managing vehicle parking and other complementary services (VIP lounges, car rentals, etc.).
• Developing and managing real estate assets in the airport environment (logistics warehouses, hotels, offices), always compatible with airport safety and operability.

Sustainability, environment, and territorial integration

Another growing line of competencies is environmental management and sustainability:

• Control and mitigation of aircraft noise and dialogue with affected communities.
• Plans for energy efficiency and emission reduction (renewables, electrification of ground fleets, efficient buildings).
• Integration of airports into land mobility (connections with train, metro, bus, roads) in collaboration with other administrations.

Overall, Aena's competencies and functions range from strategic conception and infrastructure investment to daily operation, safety, economic regulation, and commercial exploitation, aiming to guarantee a safe, efficient, accessible, and sustainable airport service for passengers and airlines throughout Spanish territory.

In the European Union, the basic legal requirements that airlines must meet to assist passengers in case of flight delays or cancellations are mainly set out in Regulation (EC) No 261/2004. This regulation applies to flights departing from an airport located in the EU (and some arriving in the EU operated by European airlines) and establishes a “minimum package” of right to information, right to assistance (care), and, in certain cases, right to reimbursement and financial compensation.

1. Obligation to inform the passenger

From the moment a significant delay, cancellation, or denied boarding occurs, the airline must:

• Provide each passenger with a written note clearly explaining their rights under Regulation 261/2004, including conditions for reimbursement, rebooking, and compensation.
• Inform about the cause of the incident (delay or cancellation) and, as far as possible, the estimated waiting time or new departure time.

2. Right to assistance (care) in case of delay

When a certain delay threshold is exceeded depending on the flight distance, the airline must offer free assistance:

• 2 hours or more delay for flights up to 1,500 km.
• 3 hours or more for intra-community flights over 1,500 km and other flights between 1,500 and 3,500 km.
• 4 hours or more for other flights.

Upon exceeding these thresholds, the airline is obliged to:

• Provide adequate meals and refreshments according to the waiting time.
• Allow two communications (phone calls, emails, etc.).
• If an overnight stay is necessary, offer hotel accommodation and transport between the airport and the accommodation.

3. Cancellations: reimbursement, alternative transport, and assistance

In case of cancellation, the airline must offer the passenger, at their choice:

• Reimbursement of the ticket (unused part or parts, and also the completed segment if the flight becomes useless regarding the initial travel plan), or
• Alternative transport to the final destination as soon as possible, under comparable transport conditions, or
• Transport at a later convenient date for the passenger, subject to seat availability.

While the passenger waits for an alternative flight, the company must provide the same assistance in meals, refreshments, hotel, and transport as in the case of long delays.

4. Financial compensation

Besides assistance, the Regulation provides for a standardized financial compensation (250, 400, or 600 euros depending on flight distance) when:

• The cancellation is communicated with little notice and no equivalent alternative is offered, or
• Arrival at the final destination is delayed by 3 hours or more compared to the scheduled time.

However, the airline can exempt itself from paying this compensation if it proves that the delay or cancellation was due to extraordinary circumstances that could not have been avoided even by taking all reasonable measures. Typical examples are extreme weather conditions, safety risks, or strikes by air traffic controllers external to the company. In these cases, the right to assistance and reimbursement/alternative transport still exists, but not necessarily the right to financial compensation.

5. Additional requirements and care for vulnerable persons

European regulations require that assistance takes into account the special needs of:

• Persons with disabilities or reduced mobility.
• Passengers accompanied by minors.

Airlines and airports have specific accessibility and support obligations (reinforced by Regulation (EC) No 1107/2006), but in the context of delays and cancellations, this translates into the obligation that meals, accommodation, transport, and information are provided effectively and adapted to these persons.

6. Application and claims

Finally, airlines must have accessible complaint procedures and cooperate with national authorities responsible for enforcing Regulation 261/2004. Passengers can first claim to the company and, if the response is unsatisfactory, to the national enforcement body or competent courts.