Originally Posted by
Often1
To be clear, the decision speaks only to "compensation" and the rationale of the decision is all about "conpensation", There is no compensation for downgrades. It is a refund. That is the plain language of the Regulation. You are free to persist in using the term "downgrade refund" but it is incorrect in a substantively fatal (to a claim) way.
In any event, OP is free to file a claim and then pursue it to the ECJ.
Often1, the ECJ decision is clear in that the ruling applies to
any claim based on EC261. The ECJ states the following in the ruling:
Connecting flights such as those at issue in the main proceedings, connecting Prague to Bangkok via Abu Dhabi, departing from an airport located in the territory of a Member State, therefore fall within the scope of Regulation No 261/2004.
I also fail to see what value is added by suggesting that the OP pursue the matter to the ECJ if Finnair refuses to pay. The OP has the option of using the Consumer Disputes Board if based in Finland, and similar free options for pursuing the case exist elsewhere in most if not all EU countries. The OP is, of course, also not "
free to" pursue the matter to the ECJ, as a plaintiff cannot force a national court to refer a case to the ECJ.