Bealzebub, well no point of arguing if you don't see a point, I suppose. Neither do I support devil's advocacy, nor do I like polemic. If you want to have some credibility, I suggest, you give me some reference such as CAA publications or comments from reputable source. I never said the commander cant exercise his/her discretion, far from that. He/she surely can. The question is: will he possibly face charges from CAA, in case CAA doesn't see it the same way he/she does? Perhaps this question should be addressed to the lawyers. Once again, I'll be more than happy to buy your point of view, provided you can prove it. Its just not enough to declare the things it should be backed up by reference. Methinks you would agree that a normal planning implies the flight time to be within the block time at least and not the other way around. Your allegations about possible misinterpretations because of deficiencies in English understanding, well its up to you. Different countries, different rules. I know at least one European country implying charges on commander in case of unjustified discretion usage.
Cheers.