Whatever you may feel that eBay "should" do I feel that even in the medium term they are unlikely to change their terms.   EBay's listings make it clear that responsibility lies with the seller.  Business sellers put a declaration that they will comply with laws.

I am sure that eBay has access to highly professional lawyers who have looked at [and approved] their terms of trading.  

Many members threaten to "sue" eBay but I can recall no successes in the press!

@gost577