How do you explain something like this?
Hundreds or thousands of engineers working on something and a technically unimportant piece slipping through the cracks?
Would you think with all the people Microsoft has in their employ they would assign the duty of EU Compliance Checklist Monitor to someone?
I would expect it to be a lawyer who's not embedded in the engineering department and didn't see the need or even realize the potential of checking a service pack. Taking into account that this probably isn't their primary version of windows, and it seems pretty easy for this to legitimately slip through the cracks.