I personally don't believe it was due to a "technicality", but rather because of mitigating circumstances. (something we're not privy too)
But they did. If it hadn't been for the mess surrounding Lucia, which held up final decisions in a lot of admin proceedings until as late as this summer, DBMM's registration would likely have been revoked some time ago. Instead, the case was sent to Foelak for review, and DBMM saw its chance.