First, talking about the EU as a whole is a bit dangerous, especially when the UK may very well be on its way out. I live in Norway, home of consumer protection. However, phones aren't given the same level of protection as computers or other large appliances for good reason. They aren't expected to last and are subjected to very different treatment than for example a TV or laptop. However, in ANY case, 3rd party unauthorized servicing would void any consumer protection.
Yep, but hopefully the UK makes the right decision....
The laws do exist and kind of protect smartphones but they aren't well known by consumers and businesses alike. As you mentioned, cases involving smartphones aren't usually successful due to the way they are treated.
But if the consumer is not directly at fault, surely they should be protected by these kinds of laws? If the consumer did modify their device or allowed it to go under unauthorised servicing, that's a different matter. The consumer is clearly at fault and Apple or anyone for that matter has no obligation to repair/replace the device for free.
But what if they didn't? That's the point I'm making, I'm sure Apple by now have realised by investigating these devices that it's not only third party modification/servicing that's causing the issue.
If anybody else is lucky enough to live in the UK/EU and have experienced this issue and your not at fault, don't give up! Research the EU Consumer Law, The UK Sales of Goods Act and for appeals contact the Communication Obudsman.
If I could convince EE (which probably has the worst customer service of any UK network) to accept my case, anything is possible!