Originally Posted by Often1

This issue was not decided by the ECJ and it will likely take another case going up to the it to decide the issue. Moreover, the assertion that poor weather affecting operations more than 3 times a year is not an "extraordinary circumstance" is utter rubbish.

As to the former issue, 100% of the delay here occurred on a non-EU carrier on a flight between two points outside the EU, most particularly not departing the EU. This is far from the situation where the delay occurs, even in part, on a departure from the EU.

UA will likely assert and then argue should OP pursue it in a local EU court, that the entire scheme of the Regulation is beyond the jurisdiction of the EC. Whether UA chooses this case or some other to litigate the matter remains to be seen. It should go without saying that US courts do not enforce EU law. They enforce US law and what happened here entitles OP to $0 under US law.

It's up to OP whether he has the time to pursue this. He could consult one of the claims agencies to see if one would accept this for 25-33% of the loot, but those outfits tend to accept only sure things because they only get paid on a win.