Flight delay compensation, all other EU airlines

Sometimes Resolver helps and gets a result, othertimes is just a waste and the airlines ignore it.
Continue with Resolver if you like but I suspect AL will just play you along or ignore it.
Then read Dr Watsons guide on Euro Small Claims Procedure, which is usually required for AL.

Hi
I had a flight delayed by 3 hrs 3min as per official logs due to the flight crew being "uncomfortable " with the hydraulics of the plane assigned (as per captain who came out to explain) and subsequent finding another aircraft.
I wrote to the airline explaining all th circumstances, and pre-empting the "techinical problems is unforseeen circumstances " I cited the 2 cases where this was clarified that unless a manufacturing fault Technical problems don't count as unforeseen circumstances.
I figured I would try the DIY route as it seemed fairly clear cut. Applied on behalf of myself and 4 other family members

Here is the relevant part of my initial email:
"The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case.
As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

My scheduled flight length was 2301km, therefore I am seeking €400 per delayed passenger in my party. The total compensation sought is €2000

A 2014 ruling ratified by the Supreme Court, in the case of Huzar vs Jet2, reinforced by the subsequent 2015 ruling ratified by the European Court of Justice in the case of van der Lans v KLM say that European airlines can no longer claim technical faults as extraordinary circumstances, so must pay out compensation for flight delays of longer than three hours in such cases. "

It just occured to me that they didn't offer refreshements etc either but that's now by the by I guess.

Anyway - they replied bang on Day 14 saying....."technical problems.....unforeseen circumstances so the EU rules don't apply "
They actually said:
" According to our records, Lufthansa flight LH1286 was delayed due to unforeseen technical problem. For Lufthansa, the safety of passengers is our top priority. This is why we service our aircraft according to the manufacturer´s specifications on a regular basis. However, even with the highest maintenance programme, technical problems cannot be eliminated entirely.

Since the delay of the flight was caused by circumstances which could not have been avoided even if all possible measures had been taken, we appreciate your understanding that we are unfortunately unable to fulfill your request for compensation and we are conforming to the stipulations of the European Union Regulation 261/2004 in this matter."

My plan is to respond challenging that assertion and again citing the relevant 2 cases but having ready done this, any other tips to handle this before I have to go down the CAA/ small claims route?
Thanks

Lufthansa are signed up to an ADR provider called SÖP, their website is in German and English so shouldn't be a problem. I have no experience of their worth, but it does offer an alternative and it seems to be free to use.

https://soep-online.de/100.html

Good luck.

My suggestions.

1) Contact Lufti and ask for a deadlock letter so that you can take your case to SÖP, due to their misunderstanding of the regulations. (plus tec problems are within the airlines control)

2) Write to the CAA.

3) Keep court (MCOL) as a fall back if 1 fails.

Good luck.

I used Resolver to claim from Thomas Cook, 5 1/2 hour delay to Corfu in July, very impressed and was awarded £730 compensation for 2 x passengers in total. Never been delayed before, so wasnt expecting much, but overall massively impressed!
Thank you MSE for suggesting Resolver