I think they skipped over a non-obvious motivating example too fast. On first glance, commenting out your CI test suite would be very bad to sneak into a random PR, and that review note might be justified.
I could imagine the situation might actually be more nuanced (e.g. adding new tests and some of them are commented out), but there isn't enough context to really determine that, and even in that case, it can be worth asking about commented out code in case the author left it that way by accident.
Aren't there plenty of more obvious nitpicks to highlight? A great nitpick example would be one where the model will also ask to reverse the resolution. E.g.
final var items = List.copyOf(...);
<-- Consider using an explicit type for the variable.
final List items = List.copyOf(...);
<-- Consider using var to avoid redundant type name.
This is clearly aggravating since it will always make review comments.