OK, I'll give it a try.
The problem is not only the file ProjectConfig.mk. I think the following folders are missing:
- mediatek/config/FP1
- mediatek/custom/FP1
Of course, I don't know if the name of the folders would be FP1 or fairphone or whatever. There are only the ahong89_wet_jb2 folders, which seem to contain some generic template (or maybe are for a development board). Alternatively, it might be that the phone-specific files should actually be in ahong89_wet_jb2. Whatever is the case, either some folders are missing or it is not the kernel source for the Fairphone.
AFAIK makefiles like ProjectConfig.mk are also covered by the GPL. I think this is concrete evidence that the current kernel package does not comply with the GPL. Not to mention the issue with the volume buttons.
So the people at Fairphone should ask again for the kernel sources and point out the probable violation of the GPL.
If one of you is in direct contact with the person responsible for the kernel sources at Fairphone, then please pass on this information.