Well, that's not what is written in the final report pages 142-143.
EASA (not Airbus, not DGAC) has decided in March 2009 that:
QUOTE
at this stage the situation did not mean that a change of Pitot probes on the A 330/340 fleet had to be made mandatory.
UNQUOTE
It means that the status of the SB stayed at the "recommended" level.
That may be a good reason for the Investigative Magistrate not to pursue Airbus.