In my humble opinion, this has more to do with the tremendous, ever-growing cost of the EU and its member governments; as well as a lack of protective principles in their legal systems. These rulings seem to show them retroactively interpreting and applying laws which would be too vague to enforce in the U.S.

The EU's courts seem so abusive and vague that there is virtually no way to avoid running afoul of them if you do any profitable business, even completely within a reasonable interpretation of the rules.