Your beam pattern is consistent with with the pattern from my xenons and whilst they look flat, there is definitely a subtle kick there. It only really becomes properly noticeable when the light is hitting something further away, that's probably why you aren't spotting it with your beam checker.
When I visited France in the summer without correcting my lights, I was flashed many times and I could totally see why. The shape of the kick is different to what you'd expect, it's flat and then there is a little kick, and then it's flat again. If you look at your photo, the small kick is about a third of the distance from the reflection of your left headlight to the VW badge on your wife's car. You can also see that the base line of your right hand headlight is ever so slightly lower.
When I used VCDS to lower the beam pattern on my headlights for driving on the other side, the change was also almost impossible to spot at close range.