Sorry, I should have written it more clear.

My point was that if you only read EU Reg. 261/04 with no knowledge of EU case law (like TG may have done) you would think that you are not entitled to compensation for delays.

I agree that the EU case law referred to modifies EU Reg. 261/04 in respect to delays, BUT case law is always based an specifik cases and when relying on case law rather than the wording of a regulation, there is always a risk that a judge will disregard the case law/find it non-applicable. At least in civil law countries, case law is of limited authority compared to the clear wording of the regulation.

A common law lawyer may view this differently, but I would hesitate to deduct clear rules for compensation for delays in excess of 3 hours based on the present EU case law.