Originally Posted by
Tafflyer
This is not strictly true. Guidance has been issued that COVID can be deemed extraordinary circumstances, but that does not mean all cancellations can be attributed to COVID. For cancellations in March and April, almost certainly, but flights deliberately scheduled during the pandemic that were then subsequently cancelled at short notice might not be treated this way by courts. As always, it depends on the individual circumstances.
For example, a flight failing to depart on time during the pandemic due to a technical defect cannot be considered to be due to COVID. I expect the Airline would maintain that the engineer supposed to fix the problem took longer due to COVID but I suspect most courts would be unsympathetic to this.
EDIT: In my opinion, the LH Group practice of only cancelling flights at (very) short notice in order to make nervous passengers voluntarily rebook instead of getting refunds may well also fall foul in court when challenged. Especially when one makes the case with evidence that this was systematic.
That is of course true, but in the situation of OP, especially with all the restrictions that are still applicable I don't think they'd have a chance. One could also argue that Lufthansa could have operated the flights, but at a loss and empty, but chose not to for comercial reasons because of Covid-19, not sure how well that would stick as an excuse. As for your PS, this could be spun both ways and I'd actually be interested to see a court ruling on this.