Yeah, Mastodon gGmbH also hosts mastodon.social, as far as I can tell. Or... I mean, at least that's the address and company info they show in mastodon.social's about page (not Mastodon, but mastodon.social, there are two separate About pages, both reference Mastodon's gGmbH's address).

The one thing I'll give you is that the statement they issued is talking about Mastodon software overall not having the technical tools to comply with the law in the first place and are explicitly refusing to comment on what mastodon.social will specifically do about it.

Which is irrelevant because, one presumes, if the answer was to build the tools to be able to comply with the age verification law they would have said that and put them into the Mastodon software, not just kept them exclusively for mastodon.social.