I find this judgement at least slightly extraordinary.
One judge said that technical problems are part and parcel of the running of an airline.
That is very, very true, and something with which no one can disagree. Tech will happen at times and there is no way to avoid that. I suppose that it's a more or less random thing.
Moreover, no airline or passenger wants tech failures. They are no good for anyone.
However, even though tech is inevitable, when it does happen, it seems to me it is an extraordinary circumstance, if only because everyone (in their right mind!) does everything they can to avoid it. You're unlucky if it happens to you.