According to lawyer Michael Gabler from Regensburg, who is specialized in travel law, in the current case of the strike Ryanair still has a claim of the passengers for a compensation payment!
Background for the legal classification is the interpretation of the term "extraordinary circumstances". The decisive factor is whether a circumstance affects the airline "from the outside" or is attributable to the airline's risk environment.
The BGH, in the facts underlying its ruling, considered that a strike "from outside" affected the airline, as a strike was initiated by a union outside the airline. But even in such a situation, the airline has the duty to reorganize the flight operations as early as possible. The airline must therefore work to ensure that the impact on the totality of passengers is as low as possible. The airline has to exhaust all resources due to it to the appropriate extent.
The Commercial Court of Vienna, however, takes a different view and decided that a strike would lead to an exceptional circumstancecanHowever, an airline must concretely assert and prove why it was not possible to avoid the strike by using all available human, material and financial resources.