The problem is, all country's flag carriers want the facility to fly to the USA (or back) in the middle of the night. Obviously, all companies would welcome the opportunity to cut down on pilots by flying them for longer hours, but it is the USA case that is driving their arguments.
And since these talks started, the EU has been expanding to the east, which makes the desirable duty day even longer.
This is why the medical advice has been ignored. But perhaps Brian Simpson's fate will give his successor pause for thought. We certainly can't get expect any sympathy from Alistair Darling.