Hi Dan,
The court decision cited further above overruled "eBay Rules", because eBay Rules insofar are not compatible with EC law. In the cited case the seller even argued that he suprisingly discovered a fault of the item (haha), but that did not help him either. eBay Rules are not supernational "law"...
Any seller has the option of electing BIN. Listing it in an auction, however, is binding under civil law (in the EC at least) as soon as at least one bid has been placed. I know that many sellers do not like this fact.
Of course nobody with common sense would go into litigation for low amounts. But that is not an argument making inappropriate sales practice "legal".
I am not really angry. Just a little bit annoyed. Such sellers simply are time-wasters, because before bidding people often do some research work. The lesson is to simply avoid such a seller in the future.