I am not a lawyer, but I think the regulations don't apply in this case, since it's a flight from the US to the EU and the carrier is not an EU carrier:


This Regulation shall apply:

(a) to passengers departing from an airport located in the territory
of a Member State to which the Treaty applies;

(b) to passengers departing from an airport located in a third
country to an airport situated in the territory of a Member
State to which the Treaty applies, unless they received
benefits or compensation and were given assistance in that
third country, if the operating air carrier of the flight
concerned is a Community carrier.


I'd be happy to learn I am wrong, though (as it might come in handy at times).