Originally Posted by
ScruttonStreet
Now I've always assumed that no compensation would be due because it was the atc delays which probably pushed us over the three hour mark. But of course if we hadn’t have been delayed in the first place, then of course that wouldn’t have been an issue.
I suspect this is unlikely to succeed. You are correct that ATC issues - which are very real at the moment - are generally not grounds for delay compensation. It would come down to proving that had the crew not been so late that the ATC delays were of a lower order of magnitude closer to the original time of departure, and my suspicion, without having checked, is that the ATC delays were all day long. If you look at other UK to ATH flights around the time of your planned departure, and what happened to them, you may get a flavour of this. So if easyJet were getting their services through more or less on time, then that would indicate that the airline's own activities brought this on.