By now openskies is operating.
Not a problem. The Open Skies pilots can be added to the Mainline Seniority List retrospectively based upon their OS date of joining.
When will BALPA decide not to wait any more, and go ahead with the strike?
Not wishing to sound flippant but probably when it's decided that it's legal to do so. The EU is fundamentally socialist and BA are trying to get round it's founding principles. If they choose to appeal, I have no doubt the European Courts would support the principles of their own existence (rights of the worker and all that) rather than a case which supports the contrary. No doubt the BALPA lawyers, who have been worth every penny so far, will already have a plan in place. There may even be a second ballot....