Originally Posted by
Fabo.sk
You have a right for re-routing under comparable transport conditions i.e. same class.
You could try to argue that the flight was not "cancelled" when a passenger was unable to travel in the class of travel as booked, but you will be laughed out of the courtroom on multiple counts including spirit of the law and good old contract law.
I broadly agree with you but would probably be a little less categorical
A downgrade is not a cancellation: the flight still operates. And article 10 on downgrading does not say anything about the right to ask for a rerouting. So, on a literal reading of the Reg,
the810 is right.
That said, I would agree with you that the spirit of the Regulation is that you should be able to be carried in comparable transport conditions and that there is a reasonably strong chance that the ECJ would interpret the Reg in that way.
You could also, as you say, use contract law to argue a breach of contract, possibly assisted with the legislation on unfair terms (i.e. national legislation implementing the unfair terms directive).
So, a pretty strong argumenation to run in favour of your position but I do not think that I would regard it as absolute dead cert.