Since someone has 'exhumed' this thread, I seem to recall that in the dim and distant days when I had to account and charge for Eurocontrol fees, they were based on MLW which may explain NoD's shenanigans. This 'new' MLW would be a planning value only and would have no effect on an 'overweight' landing, and indeed temporary increases would be allowable if required back to any value below structural. If that is the case I would expect, however, that BA would ensure that crews were aware of the STRUCTURAL limit rather than the 'commercial' limit to enable sound judgement to be made.
As a footnote, as said earlier, it always used to be the case that an a/c should be capable (ie not falling apart) of a 'reasonably controlled' re-landing up to structural MTOW.