Well, that's the difference between theory and reality. In theory BTC may be an asset and not a commodity, but in reality it is a commodity.
bitcoin is not a commodity.. which proves the commission have got the wrong theory, and it will eventually bite them in the ass.
its like the commission want to classify a duck is a crocodile.. so they can make money putting up signs in childrens parks next to lake that say, "dontfeed the crocodiles' they can class it all they like and get all the grants and budgets to make profit from all they like, but the reality is a duck is a duck and kids will still feed the ducks because they dont see crocodiles