Really smart tricks can buy you a few years, but in the end either you'll get sued for not complying with the intention of the law or the law gets changed to kill your trick.
The legal system doesn't like tricks, a "yes but I did X in a really clever way so it's not X" defence doesn't usually work.
I did not mean to say that Apple will get away with this, it's just that I don't expect the EU to be exactly fast in its response. As the FA says, it will take its sweet time and by then Apple will have reinforced their dominant position. Of course Apple and their legal teams already know that.
The legal system doesn't like tricks, a "yes but I did X in a really clever way so it's not X" defence doesn't usually work.