The ECI process forces the Commission to respond formally, not to legislate. The Commission said no, which SKG anticipated. They had already secured a legislative call signed by 45 MEPs and are pushing to amend the Digital Fairness Act through Parliament. The headline frames this as a defeat. Finishing the ECI process shifted the venue to Parliament, where SKG says they have majority support.
Don't look so smug! I know what you're thinking, but The Commission was merely a setback!
I'm not sure but it sounds like a skirmish to lure out the lobby groups talking points into the wide open by the voice of the EU commission.