I don't get the issue. If the EEC is going to challenge them on being member-owned, they'd have to take on dozens of clubs in Germany as well.
The only problem is how 4 La Liga clubs get taxfree status which creates an imbalance within Spain. But until there's taxation uniformity across Europe, again it's an issue the EEC can't really attack them on.
FTR I don't think clubs in Australia pay tax either as they are considered as NFP.
In Europe is illegal for one of the member states government to help out a company against other companies in Europe.
So for example the Italian government can't aid Fiat if they are in competition with BMW.
In this case it is about the help the Spanish government has given Barca and Real with tax breaks and a special status against other clubs in Spain and in Europe. More specifically the land deal the Madrid government did with Real with regards to the training ground.
Basically it is illegal in European law so the clubs would have to change their status to be the same as other Spanish clubs or face possible sanctions from the EU.
The issue not is about being member owned. German clubs do not receive help from the German government. Their business structures are privately run (from a government sense) and they are free to do what they like (within the rules set by the Bundesliga of course). If Bayern run out of money tomorrow, they are bust. A bit like Rangers in Scotland. No saving from the government.
I hope this was clear. Euro law can be confusing and i'm tired...