is this a final decission from CMC or what could we do, that this will be changed ?

It's clear that the cmc circulating supply is a battle of interpretation between the two parties. Go under the FAQ of the cmc site, and look for this question "Why is the Circulating Supply used in determining the market capitalization instead of Total Supply? "

CMC uses the public float to determine the market cap. It's clear that they see the November 2nd virtual fork free coins that have not yet been redeemed as locked coins. Therefore, according to their definition of market cap these non-redeemed coins are not accounted for the circulating supply.

Is it fair compared to all BTC forks? Absolutely not!