> Common law gives judges an active role in developing rules; civil law is based on fixed codes and statutes.
This is a dramatic and misleading oversimplification. Under civil law systems, judges still do have great leeway with interpreting and applying regulations. And under common law, it's not really true that judges have an active role in developing rules - they have the ability to interpret them in the contexts of cases which come up, but they don't legislate. The closest thing that they can do (aside from overturning provisions) is to introduce limitations or tests on existing law that is challenged, but even then they're mostly only allowed to do that to the extent that they are using the tests to connect the law back to the Constitution or other existing legislation.
Case law is not binding in civil law (at least not to the same degree as it is under common law), but does definitely play a significant role.
Furthermore, it's flat-out wrong to say that "case law is not binding in the EU". The Republic of Ireland and the UK both use common law, under which case law is binding. Not only are UK court decisions are enforceable across the entire EU, but UK law is actually the jurisdiction for a lot of contracts and agreements within the EU, similar to how New York is the chosen jurisdiction for a lot of contracts or even international treaties that are enforced worldwide, whether or not the parties are based in New York.
Even if you're referring specifically to legislation passed by the European Parliament itself, it's still not really correct to say that case law isn't binding. The European Parliament is an international body held together by international treaties, and while EU courts might have decided to use civil law in interpreting legislation passed by the European Pariament itself, that doesn't mean that case law does not come into play, either in countries with common law systems or even in countries with civil law systems. It's way more complicated than that.
This is, incidentally, one of the problems that Brexit is currently introducing: it's unclear whether parties that have elected to govern their contracts under UK law will continue to be able to do so with the expectation of enforceability.
Common law gives judges an active role in developing rules; civil law is based on fixed codes and statutes.
Case law is not binding in the EU.