I'll be extremely interested to read the Court's decision (not the summary civil court one, but the later one). The relevant part of the Directive 2009/110/EC (Electronic MOney Institutions Directive) reads:

2. "electronic money" means electronically, including magnetically, stored monetary value as represented by a claim on the issuer which is issued on receipt of funds for the purpose of making payment transactions as defined in point 5 of Article 4 of Directive 2007/64/EC, and which is accepted by a natural or legal person other than the electronic money issuer;"

Your best defence is to claim that you are not the issuer.

However, that would still not solve your problems in Europe, as you may still need to register as a credit institution in order to take deposits and keep accounts. You actually may be better off as an electronic money institution than as a credit institution.