@DaveNoble, we could argue based on this paragraph from the ruling:
Therefore, the Court answers that a passenger on directly connecting flights must be compensated when he has been delayed at departure for a period below the limits specified in the regulation, but has arrived at his final destination at least three hourslater than the scheduled arrival time. That compensation is not conditional upon there having been a delay at departure.
(bolding original, red is mine)
I could easily interpret it that EC261/2004 should apply to OP's case, but I am sure that OP would have to go through courts and chances would be slim...