Easyjet seem to be consistently blaming ATC for delays of over 3 hours, stating this is extraordinary and beyond their control - ie they don't want to pay for EU261. I'm aware Ryanair don't seem to be affected which seems strange as ATC tend not to show strong favouritism to a single airline. I suspect Easyjet are rather more to blame than they would like to admit.
Is the ATC excuse being upheld, or have people managed to push hard enough that Easyjet back down or the courts overturn this excuse ?