need advice on claiming compensation via EU Reg 261/2004
I wonder if anyone has had experience with or can advise on how I should proceed regarding making a claim against Delta for a cancelled flight (from Venice to NYC). According to EU Reg 261/2004, each passenger is entitled to compensation in the amount of €600. I followed instructions and sent an email to Delta customer care. They were very curt and rude in their responses stating that Delta is of the opinion that we are not due compensation because the cancellation was due to hydraulics issues, which they deem to be an "extraordinary circumstance." When I phoned to inquire, the agent explained that hydraulics issues can neither be prevented or predicted. Don't know if that's true but in doing some research I found that in a couple of cases in 2007 & 2008 it was ruled that:
(a) "technical faults, unless they stem from 'events which, by their nature or origin, are not inherent in the normal exercise of the air carrier', DO NOT count as examples of extraordinary circumstances." and
(b)as regards the withdrawal from operation, such "extraordinary" circumstances may include technical problems which are neither of a kind typically occurring from time to time on all aircraft and/or a particular aircraft type nor of a kind known to have affected the aircraft in question before;
Seems to me that by either of the above standards, hydraulics issues would NOT be deemed extraordinary. Anyone have experience with this or advice?