Sure it is easy to make a determination for Mr Average but a need for a court to do it is just crap lawmaking – typical of the particular process operating in this case (probably amateur drafting, anti American sentiment among the “Brussels champagne socialists”, and FUD, in equal parts).
It’s like a tax system where only the tax judge, jury and executioner inspector is able to calculate how much you owe.
Also a way higher than average % of pilots are higher net worth individuals who do not have a clear residency – especially if they decide to contest a case.
