It's a waste of time for laymen in this thread to try to sort out the directive and the outcome of this case, it doesn't work like that.
And it can also be fatal to blindly trust a professional. If it is important, you cannot get around understanding it yourself.
My point is that the court will make their decision based not primarily on the actual wording of the directive, but on other things such as argumentation, the EU's basic values, the possible implications of the specific and other cases, political agendas, symbolic values and arbitrary discretion. In order to even get a point across you need first and foremost a law degree and secondly immense experience of EUCOJ litigation.
Of course, the discussion is interesting, but I would rather see people focusing on where they can actually make a difference: funding. DH has received just over 1.6 BTC and he will probably need closer to 100 BTC.