> At update-grub time, you know if you are EFI and should search for an
EFI bootable windows.

No, don't rely on the mode where grub-update is used ! 
Counter-examples:
1) Windows is installed in UEFI mode but update-grub is used from a Ubuntu32bit 
liveCD (which cannot be booted in UEFI mode, see Bug #1025555 ).
2) Windows is installed in UEFI mode, but update-grub is used from a Legacy 
mode live-session because the BIOS is set up to boot the CD/USB in Legacy mode
3) Windows is installed in Legacy mode, but update-grub is used from an UEFI 
mode live-session because the BIOS is setup to boot the CD/USB in UEFI mode.

> an EFI booting system can't have a bios booting windows install.

I am nearly sure of the contrary, because many preinstalled Windows come with 
both files to be booted in UEFI and Legacy modes.
Examples: http://paste.ubuntu.com/1495850, http://paste.ubuntu.com/1479512 , 
http://paste2.org/p/2700549

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https://bugs.launchpad.net/bugs/1024383

Title:
  update-grub generates only BIOS based menu entries for Windows, even
  on UEFI systems

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