None of this matters. The EU has chosen to enact EC 261/2004 and it applies to this ticket because it was an EU departure.

The other side of all of this is that recent studies suggest that less than 2% of valid claims under the Regulation are ever made. If that were to substantially increase, the cost would be significant and that cost falls to passengers.

The EU, the national enforcement people who could punish the failure to proactively notify, and it seems everyone else are just fine with the balance where it is.