On 24th September, by voting the amendment 138 proposed by Daniel Cohn Bendit, European Parliament strongly hit the French initiative HADOPI for flexible response (see Is French HADOPI Law dead?. in a letter (pdf) , French president, Nicolas Sarkozy asked José Manuel Barosso (President of the European Commission) to drop this amendment.
It seems that yesterday José Manuel Barroso rejected the possibility for the Commission to reject it. It is not the role of EC to censorship a decision voted by 90% of the European deputies, unless democracy is at stake. It will be up the European Council of Ministers to promulgate or drop amendment 138.

[Edition 13-oct]: Here is a link to the press release by the Commission.