well, my husband flies EU all the time and it's never been mentioned. I monitor flights and I haven't seen evidence. Why would that leave more nonrevs? If they upgrade anyone for any reason, that leaves a seat in coach...
I have no idea what sort of pax rights would merit an upgrade to business. I work with several travel forums and I've never heard of it.
Currently, US carriers aren't bound by the Eu BOR but it seems they are wanting to change that. I doubt it will happen.

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