Some very well-made points by both Turicus and Wan1dap.

I think it's fairly safe to say that Emirates are keen to see this whole issue tested in a Court of Law, and I just have a hunch that even if they were to lose at the first stage, they will then choose to appeal the decision. The actual monetary payout being sought by the passenger matters not a jot to EK in the grand scheme of things ; their much wider objective is of course to secure a ruling that would effectively kill off any similar claims in the future, and not least the time taken up in dealing with them.

Even though I disagree with the rationale and motive behind this claim, the passenger - based on his post 238 - has in fairness presented his own case to Emirates in a calm & objective manner, and so it remains to be seen how things pan out.

Personally I'm very much in sync with the thoughts of Wan1dap earlier and - regardless of how this particular piece of legislation might be interpreted by others - I have a fundamental (and even ethical) problem with the notion of so determinedly seeking financial compensation for travelling on flights on which a) no actual loss of any kind has been suffered, and b) the cabin class and service provided was precisely as ticketed and paid for.