EU regulator: "This product is not Compliant and cannot be sold in the EU. Any devices already on sale must be removed from sale. Here's a fine based on Apple's Worldwide Revenue for having hidden this built-in charge limitation mechanism in their application for the CE mark".

(And possibly whomever decided to hide such a mechanism in their application for compliance would, separatelly and as an individual, be charged with the crime of Fraud).

The best that Apple would be able to do here is appeal it all to the highest courts of the EU, were they would loose and meanwhile their phone would be blocked from sale in the 2nd largest market of the World.