The Dutch Court thoroughly applies the Regulation in their judgment of the KLM flight from 2010. A system just outside the cockpit did not function properly. Because of the cold air currents that would occur during the flight the airplane was not allowed to depart. The judge decided that a technical problem that occurs right before take off is not seen as an extraordinary circumstance. The passengers are indeed entitled to financial compensation!
We congratulate all the 33 passengers with this victory and will contact them personally about this fantastic news.