Yes, there isn't much point arguing it with BA, BA will probably argue this at CEDR too, though they normally lose there. If you are in a hurry you best use MCOL, since BA are struggling to keep up with the courts. If you are not in a hurry then use CEDR, keep it short with them and mention there that BA have invented a rule - about it not applying to pre-warned downgrades - which has been thrown out by the CJEU (of which CEDR is very much aware). It's possible you'll get a BA para-legal who can't be bothered going through the charade and will just refund at an early stage. Make sure you calculate the cash side accurately but then round up to the nearest £10 as per Mennens, since CEDR can't increase your figure but will happily knock it back a bit.