Remember some Netflix clients pay MORE to enjoy higher quality. If Netflix artificially limits that quality, no matter the reason, then they shouldn't be charging that full price.
Netflix is getting the best part of it: charging the same money, paying less for bandwidth, and they excuse themselves because the EU asked them to do it.
It's the ISPs that should be solving this via QoS, but of course it's the ISPs that have the politicians in their pockets. No commissioner is going to demand them to do anything.