Paypal is a bank in Europe, as stated. I was one of those who lobbied to
achieve this. I was burned by this odious outfit more than five years
ago. You don't get two chances with someone else's money in their
lifetime.
You can't be a bank "in nominal terms only" in Europe. Once registered
as a bank you are bound by EU and Member State laws. There's no
sidestepping that. Governments can't sidestep them.
The fact that Paypal is registered as a bank in a European Member State
means that they must abide by these laws and the regulation that goes
with it.
Remember, loser pays in European courts. So when a bank steps outside
the law, it will be liable for costs and "damages". It is not in their
interests to break or even "stretch" the law.
Regardless, I wouldn't do business with Paypal if you paid me. Well,
perhaps I would, but pay it straight to my bank, and not via Paypal.
P.S. My fight goes on: this week I have been active again in the
European Parliament with MEPs fighting to get the appalling ACTA spiked.
Something we should all be aware of and striving to kill.