Under your interpretation of EU law.
How many people got free battery replacements in the EU in the time before the release of iOS 10.2.1? How many people got free battery replacements for a full six years in the EU for any kind of device whose battery performance dropped significantly (eg, below 50% of original capacity)?
Wrong, but not going to bother arguing with you.
I can however speak about the
implementation of EU law (by both Apple and John Lewis) in my cases over the recent years. I cannot speak for others and I know this is the church of Apple for some of you. So do not want to blaspheme.
If a fault effected the device regardless of what comes after in the form of a non physical action / update to remedy, the physical device was / is arguably still impeded by the original fault.
I have history with Apple on the 6 year law and been have been successful with my MacBook air (hinge gate) 5 years after they sent me away saying it was a customer error why the hinge snapped after 6 months of use. And with my iPhone 6, that was out or warranty, had no apple care that failed to boot after 2 1/2 years. It had not one scratch, mark, or dent. No evidence of water damage and the "out of warranty fee" was waived when I proposed my action if not replaced free under warranty.
I am not here to convert you, or anybody else - so feel free to spend your money as you see fit. However you just need to stand your ground and you will find the manager in the Apple store will not want the hassle of it all. However if your device has evidence of being dropped etc - which 2 Apple genius were frantically looking for - you will not have a chance. I always keep my gear in A1 condition and always in cases.
I just needed to print off the recall notice from the Apple website and John Lewis replaced my MBA (Of course, after 6-8 email exchanges try to fob me off that I missed the recall window - which is another story.. and argument also won).
So the law has worked for me.