Skip to content
LOT plane and air traffic control tower

Air Traffic Control Flight Delay: EU Air Passenger Rights Explained

Air traffic control (ATC) is responsible for keeping aircraft moving safely both in the air and on the ground, managing takeoffs, landings, and overall traffic flow. When airspace becomes congested or ATC faces operational challenges, delays can occur — affecting both airlines and passengers.

An air traffic control flight delay can be very frustrating, as neither you nor the airline can influence the situation. LOT, like all European carriers, must follow ATC instructions to maintain safe and orderly operations. When restrictions or disruptions are imposed, delays can quickly spread across the network.

Understanding why these delays happen — and knowing your EU air passenger rights under EU261 — can help you stay informed, prepared, and confident when flight disruptions occur.

Check your compensation online.

LOT Flight Delay Due to Air Traffic Control Issues: Common Reasons

Air traffic control (ATC) plays a critical role in ensuring the safe takeoff, landing, and movement of aircraft. However, when ATC faces challenges, flight delays can occur — often beyond the airline’s control.

Common reasons for an air traffic control flight delay include:

  • Technical issues. ATC relies on complex systems to track and manage aircraft. If these systems experience failures or outages, air traffic flow can slow down, leading to delays.
  • Heavy air traffic. When airports or airspace become congested with too many aircraft, ATC may need to space out departures and arrivals, causing planes to wait on the ground or in the air.
  • Adverse weather conditions. Storms, fog, or other severe weather can make flying unsafe. In such cases, ATC may impose restrictions or delays until conditions improve.
  • Emergencies. When an aircraft emergency occurs, ATC must prioritize safety and focus on resolving the situation, which can temporarily delay other flights.
  • Air traffic control strikes. Industrial action by air traffic controllers can significantly reduce airspace capacity, forcing widespread delays or cancellations across multiple airlines. Keep in mind that not all airport strikes are extraordinary circumstances. LOT crew strikes are not extraordinary circumstances, and you may be entitled to flight compensation.

If your LOT flight experiences an air traffic control flight delay, compensation is usually not owed because the cause is outside the airline’s control.

What Are Your Rights if Your LOT Flight Is Delayed Due to Air Traffic Control Issues?

A flight delay caused by air traffic control can occur unexpectedly, even when the airline is fully ready to depart on time.

These delays happen because ATC is responsible for managing aircraft safely. When airspace becomes congested, restricted, or disrupted, airlines must wait for clearance — regardless of their schedules or preparation.

Under EU Regulation 261/2004, passengers are still protected when delays or cancellations occur. Although air traffic control issues are considered outside the airline’s control and usually do not qualify for flight delay compensation, travelers are still entitled to important rights, including care and assistance, and in some cases, the choice between a refund or re-routing.

Air Traffic Control: Compensation Is Usually Not Owed

Delays or cancellations caused by air traffic control are generally considered extraordinary circumstances. These are events beyond the airline’s control, meaning the airline is not legally responsible for the disruption.

As a result, if your flight is delayed or cancelled due to air traffic control issues, you typically won’t be entitled to flight delay or flight cancellation compensation under EU regulations.

Right to Care and Assistance

If your flight is delayed due to air traffic control issues on your LOT journey, you still have the right to care, even though EU flight compensation may not be available.

Under Regulation (EC) No 261/2004, the airline must provide assistance, including:

  • Free meals and refreshments appropriate to the waiting time
  • Hotel accommodation for overnight delays, along with transportation between the airport and the hotel
  • Access to communication, such as phone calls or emails, so you can stay in touch while you wait

These rules are in place to reduce the inconvenience caused by air traffic control delays and ensure passengers are properly looked after during disruptions.

An air traffic control flight delay can disrupt your plans unexpectedly, but airlines are still required to provide care and assistance.

Right to a New Flight or Refund (If the Flight Is Cancelled)

If an air traffic control delay results in a flight cancellation, you have the right to choose between:

  • A free rebooked flight to your destination, or
  • A full refund for the unused portion of your ticket (including the return flight if the trip is no longer necessary)

You are free to select the option that best fits your travel plans. Keep in mind that any refund must be issued to your original payment method, not as travel vouchers or credits.

If it’s an air traffic control flight delay, you are not entitled to LOT flight compensation, but you still have care and rebooking/refund rights.

Featured photo by Mohammed Mzabi from Pexels