I think the holiday pay example is more glaring. Seen in isolation, I would be confused as to what on earth it was getting at. Furthermore, the summary is no good. The abstract isn't either. My summary would be: British Gas continues to fight eu court's decision that commission be included in holiday pay. Continue is used here to emphasize that the case is not yet over.

On the other hand, the football summary is exemplary; better than the provided abstract.