If there is so much ambiguity and interpretations what kind of manager would risk getting into doing such project if a risk of failure is equal to not doing it at all?
Courts are not black/white in interpretations of law. Demonstrating you put significant effort into being compliant is not for nothing. Plus you can't really figure it out until you try. Especially with something as complex as this and how the implications of the law will be different for different companies.
I don't think that makes a difference, perhaps it depends on the country. Some EU countries are hostile towards entrepreneurs and wrong action or inaction would get the same treatment.