In ReDigi the judge was doing what courts should do
and that is apply the law as drafted, which he held to be
unambiguous. If people consider the result to be wrong
on policy then the answer is to persuade the lawmakers
to change the law. On the other hand the CJEU was
doing what courts should not do—rewriting the law to
align it with what they believed to be EU policy. They
did so even in the face of contrary submissions made by
the European Commission, the body responsible for
drafting the Directives which were under consideration
by the court. Again, if the result that would have been
produced on a proper consideration of the facts and an
ordinary reading of the law was considered contrary to
policy then it is for the lawmakers to change the law,
not the Court.