Though this was acknowledged by the court (sort of). Paragraph* 34 of the decision states
For the purposes of such an assessment, account has to be taken of several complementary criteria, which are not autonomous and are interdependent. Since those criteria may, in different situations, be present to widely varying degrees, they must be applied both individually and in their interaction with one another.
It’s sad that the court did not follow the advice of the advocate general but I don’t think the ruling is as bad as the BB article claims. Case Law is not as prevalent in Europe and is used to a lesser degree as binding precedent, and the court emphasised that it’s an individual decision on a case basis.
* is this the correct term?
