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It’s quite simple.

The EC is not the final arbiter in this. It’s just an executive body.

Apple complied with what they think will withstand adjudication by the CJEU and leaves the rest for the EC to act on so they can appeal it with the CJEU.

Given the EC’s poor track record in terms of getting their fines and decisions overturned by the CJEU, I too would do it this way, no matter how loud the EC likes to bark and show their teeth.

Especially considering the DMA is poorly drafted and in Europe, unlike in the US, the courts aren’t ghostbusters that go seeking for “spirits” of the law.

Whether the EC thinks so or not, Apple is in compliance with the straightforward parts of the DMA as well as with the more vague parts on the basis of reasonable interpretation, to be adjudicated by the CJEU.

In law there’s very little that’s certain, as such it’s bad form to make predictions, but I’m pretty confident in saying that the CJEU isn’t going to open Pandora’s box by prohibiting Apple from charging a reasonable fee for their IP.