in that case it looks like parool has some lag in her story;
the letter from May 2010 may or may not have been held back (this story was first floated a few days earlier by someone from eu-claim)
But klm press releases from yesterday mentioned communication from yesterday between eu and klm.
It basically says that the eu is re-thinking if the rules apply in this cases.
(i read it like; we are not re-writing a law, but we don't know if this law apply's)