There are several mistakes in EASA Part FCL (for example the CPL multi time requirement for a SE CPL, inconsistencies in CRI and CRE privileges, or IREs needing an IRI rating even if they have an FI rating), but this is deliberate because the EASA people have a different view of what IFR means.
In their minds, a flight under IFR is always receiving an ATC service, and following some sort of IFR flight plan. No service/clearance --> you can't be IFR.
Hence when they prohibit IFR, they suspect they mean to prohibit flying under an IFR clearance (whether in IMC or VMC).
From a UK perspective, this view is completely misguided. It is still the law... hence the change to allow VFR at night so non-IR/IMC holders can still fly at night.
Last edited by Cobalt; 20th May 2012 at 11:59.