My flight from Oslo to Rome was delayed by 4 hours and 40 minutes. I submitted a request to Norwegian Air Shuttle requesting a compensation of 400 Euros under EU 261/2004. Their reasoning for why they can not grant compensation is that while they had to inspect the aircraft for technical faults, there actually were no faults. So, they argue that this situation where they had to inspect the aircraft but actually there was nothing wrong with it *constitutes exceptional circumstances.* In my complaints to the The Norwegian Travel Complaint Handling Body, and the EU Online Disputes Resolution, how should I most effectively argue against this logic? The full text (emphasis mine) of the response of the airline (automatically translated from the [original Danish)][1]: > ______________________________ > > <h1>Flight disruption information</h1> > > **Norwegian flight:** DY1874 (OSL-FCO) 23.06.2019 > > **Delay time:** 4 hours and 40 minutes > >**Reason for disruption:** This flight > was **delayed due to an inspection** of the aircraft following a **possible** > **technical fault**. During inspection, **no technical defect was found**. The > aircraft was then released for operation without the need to replace > any components. > > ______________________________ > > Unfortunately, we are unable to meet your claim for compensation as > **this departure was delayed due to exceptional circumstances**. In some > cases, the passenger will be entitled to compensation when the > irregularity is due to a technical error. This is in accordance with > the judgment in C-257/14 van der Lans, where a technical error which > results in the replacement of a component can be considered to be > within the airline's control and thus give the right to compensation. > In this case, **there was no technical fault and no components were replaced The Van der Lans decision is therefore not applicable and unfortunately we cannot meet your claim for compensation.** > In this case, we will reimburse the following expenses applied for: > > - food: NOK 418, > > > Unfortunately, we are unable to meet the request for reimbursement of > all costs as we are not responsible for these. For further > information, please see below *. > > In order to process your claim, we need the following information to > make a bank transfer: > > • Name of the bank • Name and address of the account holder • Account > number > > This information can be sent by replying to this email. If you do not > have this information, please contact your bank. > > The case will be finalized as soon as we have received all the > necessary information. > > With best regards, Karina The Customer Relations Team > > ______________________________________________________ > > * Basis for decision > > In the event of a cancellation or delay, we will always provide > assistance (eg accommodation, meals, telephone calls and transport) > according to EU Regulation 261/2004. In the event that a passenger > incurs such costs, in the event of a delay or cancellation, we will > reimburse within reasonable limits if such costs were deemed necessary > and specified receipt can be presented. We cannot reimburse these > costs if the passenger does not allow us to offer this kind of > assistance or if the costs arose as a result of lost connection with > Norweigan, in a separate booking number, or if the alternative > departures offered to the passenger , was not appropriate. The > Norwegian ticket will only be refunded if the flight is canceled or > the delay is over 5 hours and the passenger chooses not to travel. If > the passenger is entitled to reimbursement of the new ticket (with > Norwegian or with another company), we will only reimburse the cost of > the new ticket or the price difference between the new ticket and the > ticket with Norwegian if the Norwegian ticket is refunded. > > Additional costs not directly linked to the service regulated by EU > Regulation 261/2004 will only be reimbursed **if the reason for the** > **delay or cancellation is within our control**. If we believe that the > passenger has not done enough to ensure that the pre-booked > arrangements can be completed (eg relocations, accommodation, events, > etc.), we will not be able to cover these costs even if the delay or > cancellation is within our control . Likewise, we cannot cover > consequential non-documented damages, expenses that would have arisen > independently of the irregularity, or unnecessary legal assistance to > determine such claims. Under the Montreal Convention and the decision > of the Norwegian Aviation Complaints Board in case number 1222 / 14F, > the same conditions apply to reimbursement of consequential damages, > provided that the airline has made every effort to avoid the technical > problems that caused the delay or cancellation of the flight. Under > Article 12 of the EU Regulation 261/2004, additional costs that are > not directly related to the service regulated by the regulation may be > deducted from standard compensation. For more information about your > rights, visit www.norwegian.com/rights.Disruption type: Delayed [1]: https://pastebin.com/C5ZpfxwA