When EasyJet cancelled its evening flight from Amsterdam (AMS) to Copenhagen (CPH), it claimed the cancellation was unavoidable due to Amsterdam Schiphol’s night curfew. However, thanks to the work of Flight-Delayed.com’s legal team, the court ruled that EasyJet’s reasoning did not hold up — and passengers were entitled to flight delay compensation.

The story: a flight cancelled because of the night regime

This case involved flight EZY7939, scheduled to fly from Amsterdam to Copenhagen and back. The return flight was planned to arrive at Schiphol at 22:20 — safely before the airport’s night curfew, which runs from 23:00 to 06:00 local time.

However, due to a 57-minute delay, the aircraft would have landed back in Amsterdam at 23:17 if the return leg operated as planned. EasyJet decided to cancel the outbound flight, arguing that operating it would have caused the aircraft to arrive back after curfew, which is not permitted without a special night slot.

What is Schiphol’s night curfew and how does it work?

Amsterdam Airport Schiphol enforces a night flight regime to reduce noise pollution for nearby residents. Between 23:00 and 06:00, only a limited number of night slots are available, mainly for cargo operations and long-haul flights that cannot avoid those times.

Passenger flights — like EasyJet’s AMS–CPH service — are generally not allowed to take off or land during this period, unless the airline has been granted an exceptional night slot.

This night regime affects how airlines plan their rotations: if a delay pushes a return flight beyond 23:00, the airline must either obtain a night slot or cancel part of the rotation to avoid violating the curfew.

Schiphol isn’t alone. Several major European airports also impose night restrictions:

Frankfurt Airport (FRA) – complete ban on scheduled flights between 23:00 and 05:00
London Heathrow (LHR) – strict limits on the number of take-offs and landings between 23:30 and 06:00
Zurich (ZRH) – no flights between 23:30 and 06:00
Paris Orly (ORY) – closed completely between 23:30 and 06:00

Such curfews are designed to protect local communities, but as this case shows, airlines must still honour passengers’ rights when those rules impact their schedules.

EasyJet’s argument: “extraordinary circumstances”

EasyJet claimed the cancellation was caused by extraordinary circumstances — a term used under EU Regulation 261/2004 (EU261) when an airline faces events beyond its control, such as severe weather, political instability, or air-traffic-control restrictions.

The airline argued that operating the flight would have risked the plane being “stranded” in Copenhagen due to the curfew, and therefore it had no choice but to cancel.

Our legal team’s position: this was a business decision, not an unavoidable event

Flight-Delayed.com’s legal experts represented the passenger and challenged EasyJet’s claim. The team argued that EasyJet could have still operated the flight from Amsterdam to Copenhagen — the delay did not prevent take-off from AMS, which was scheduled at 18:35 and could have still departed at 19:32, well before the curfew.

Cancelling the flight was therefore a business choice, not an unavoidable circumstance. EasyJet decided it was more convenient to cancel rather than risk operational disruption — but such internal decisions do not relieve the airline of its obligation to compensate passengers.

The verdict: passengers win the case

The court agreed with our legal team’s arguments and clearly stated that EasyJet’s reasoning was invalid under EU law.

This case was handled by our Dutch legal team, who represented the passenger before the court in the Netherlands.

The carrier may have made choices that were most favorable from the company’s own business perspective, but this does not release the carrier from its obligation to compensate affected passengers. Passengers should not suffer the consequences of the business or economic choices made by the carrier.

The full court ruling (in Dutch) can be read on Rechtspraak.nl, the official website of the Dutch judiciary.

The judge also rejected EasyJet’s claim that the aircraft risked being stranded in Copenhagen, noting that operating the outbound flight was still possible and the airline had failed to demonstrate that cancellation was unavoidable.

As a result, EasyJet was ordered to pay compensation to the affected passengers in accordance with EU261.

What this means for air passengers

This case demonstrates a crucial principle in EU air-passenger law: airlines cannot rely on extraordinary circumstances when the issue results from their own operational or economic choices.

Even when factors like airport curfews are involved, airlines must prove that there were no reasonable alternatives to avoid the cancellation. If they choose not to operate for business convenience, passengers are still entitled to flight delay compensation.

How Flight-Delayed.com helps passengers win their cases

At Flight-Delayed.com, we specialise in challenging airlines’ legal arguments and enforcing passengers’ rights under EU261. Our in-house legal team has successfully represented passengers across Europe — including in cases like this one against EasyJet.

We handle:

All communication with the airline
Evidence gathering and documentation
Legal proceedings if necessary

If you’ve already tried claiming and the airline rejected your compensation claim, our team can review your case and pursue it legally.

Travellers can focus on their journey while we handle the fight for compensation.

Final takeaway

EasyJet’s attempt to use Schiphol’s night curfew as an excuse failed. The court confirmed that passengers cannot be penalised for airlines’ business decisions.

If your flight was cancelled or delayed, it’s worth checking whether the airline’s explanation truly qualifies as extraordinary circumstances. Our team can find out — and if compensation is owed, we’ll make sure you get it.

Customer reviews

See what passengers say about Flight-Delayed.com and how we helped them get compensation for delayed and cancelled flights.

It took some time but I did receive compensation from Ryanair that I would never have got if I didn't use this company.
- Benjamin

Flight-Delayed.com made it easy to claim the compensation. Had tried to claim first myself but the Airline didn't even bother to even respond.
- customer

Easy, kept me updated, took it to court and won, recovered some funds from a delay. Did not spam me or inconvenience me in any way, I just submitted and they sorted it, persisting for over 6 months.
- Greg

About Flight-Delayed.com

Since 2010, Yource B.V. — parent company of Flight-Delayed.com, AirRefund.com, and others — has helped over two million passengers fight for their rights in cases of delayed, cancelled, and overbooked flights. Operating in more than ten countries, the company has won 98% of its court cases and works entirely on a no win, no fee basis.

The Flight-Delayed.com service is available in 10+ countries under local domains, including Vlucht-Vertraagd.nl, Vol-Retarde.fr, Flug-Verspaetet.de, Volo-In-Ritardo.it, and others.

EasyJet cancelled a flight due to Amsterdam’s night curfew — but passengers still got compensation