EU VAT Rules

Hello, thank you for this EU update it will be very helpfull.
But i think there is an issue in the rules.

02. EU customers with no valid VAT number will be charged VAT of their country's Tax Rate.
This is not valid if i buy something (i am fron EU and i buy from an eshop based in another country within the EU) with no valid VAT Number i should be charged the Home country's Tax Rate and not My country's Tax Rate.

Also a question: is the EU VAT NUMBER auto checked if it is valid or not? Or should the eshop check it before creating the invoice?

Thank you
- John

On more tests that i did on my site i also found that the above rule does not work at all.
If the customer is from Europe and does not have a VAT number the tax will still be 0% when it should be 20% in my example.

Please see the attached image.