When easyJet want to avoid EU261 compensation
 

Hope someone can help......
Sunday evening 21.00 flight from BFS to LGW was cancelled. Staff said that the crew ran out of operating hours, so definitely not 'extraordinary circumstances'. Then they email me today to say that...."Your flight was cancelled due to ATC restrictions. As the primary reason for this cancellation was outside our reasonable control, you are not entitled to compensation under the guidelines of EC261/2004". They never said that on Sunday evening at BFS. The email from easyJet has not provided any proof that ATC restrictions were the issue. Other flights seemed to be unaffected. Are they just being sleazy and wanting to avoid paying out? Their offer was a flight back on Tuesday, but we had to get back on Monday morning so I flew BA out BHD for £365 each (which the counter staff at easyJet said I could claim back).

What can I do to get what I think I am owed?

It could have been ATC restrictions leading to the crew timing out.

Maybe, but don't tell me that there are no relief crews at their biggest base?

Even if they had a relief crew, which say they could maybe take off with 1hr delay, they will then be entering LGW "night noise" restrictions which means they might not be allowed to operate the flight.

I thought you were flying from BFS rather than from LGW?

I would actually write back to Easyjet and ask them to show you proof. Make sure you can prove the delivery of this message.
This is very important!
Because if this goes to MCOL or court, Easyjet has to pay all legal fees, even if they win the case.

ATC restrictions are not always extraordinary, esp. if this occurs regularly or if the caused the delay was very minor.
Airlines have to built in some buffer into their schedules, if they operate out of congested airports.

Yes but the inbound to BFS was from LGW - I assume that the crew flying into BFS from LGW would be operating the one back to LGW.

Exactly...and it appears that that crew went overhours [so the LGW-based crew got "stranded" overnight at BFS - along with the intending passengers!], and it appears unlkely that there would be a relief crew hanging around BFS. LGW is easyjet's biggest base and it may be easier to rustle a crew up at short notice there, but I doubt they could do it at BFS so late in the day.

It actually seems that U2841 LGW-BFS (which presumably then operate the return) was also canceled on Sunday

Well, in that case availability of a crew is not the issue.

There was no plane to operate the service, as it never arrived from LGW!!!

Unless U2 wanted to operate the flight with another aircraft they might have had available in BFS/close by, but couldn't because the crew will time out :D

It appears that there may not have been any spare a/c - the aircraft that was pencilled in for LGW-BFS-LGW ended up performing a delayed LGW-CPH-LGW rotation on Sunday evening instead, after arriving in from an earlier BFS rotation....

Thank you for all the information. So, bottom line, are they right to deny me EU261 compensation? And surely they should be refunding the flight that they cancelled and also the cost of the alternative flight I took to London on Monday (as they could not sort me out with an alternative on Monday themselves)?

Well, no one here knows the real reason for the cancellation of the flight, assuming it is not ATC restrictions or the likes then you are due compensation for the cancelled flight, EasyJet doesn't have to pay for the flight you booked on your own, so you might still be out of pocket (max compensation is 250€ + refund of your ticket)

You are, of course, entitled to a refund of your ticket as U2 did not fly the segment.

If indeed U2 can document the lack of crew hours occasioned by ATC delays which took the flight length over the scheduled-in buffer, you will not collect any compensation.

U2 will not pay for your new ticket.