Urgh, come now. This is currently happening and yes it is likely a breach of EU laws, but it is happening now. Multiple auto companies have been caught doing it, its not a theoretical what if. Like many things if the government does not enforce (but instead gives a fine) then it does not matter what the law says.
You sound like those people saying murder can't happen since it is illegal, but they are just taking the piss.
They don't call it illegal, but yes.