This should be addressed through the negotiation of peering agreements between Netflix and ISPs.
I know when the NN topic was really hot, many were conflating treating the packets the same with peering agreements. Peering has nothing to do with NN.
Years ago people were complaining about Netflix performance issues and thinking that the ISP was throttling Netflix when it was an issue with peering capacity.
If the rules in the EU mess with peering negotiations, then the rules need to be fixed.