It seems they lost the first game in the gGmbH (gemeinnützige GmbH, thus "charitable Ltd") leading to a normal GmbH (similar to a Ltd.).

In Germany only certain purposes qualify as "gemeinnützige" which makes the formation of non-profits at times difficult, especially in the computing space.

Maybe I didn't read careful enough. But it's actually not spelled out which form the new European non-profit is incorporated in.