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Publishers could also have taken the way through the courts before that, it's just that no one wanted to pay for that. Until now there wasn't exactly a ban but you where denied for USK-ratings if you had specific symbols in your games and that makes selling specific games extremely difficult. The BPjM could also put a sales ban on specific foreign games.
Now the responsible youth protaction authorities have finally managed to change their policies so USK can actuelly give age ratings to games with Nazi symbols.

Might be interesting for the German speaking:
https://www.gameswirtschaft.de/politik/usk-elisabeth-secker-86stgb-interview/