That's hardly true.

Sexual themes (including nudity), cursing, low violence (next to no blood) = USK 16

Violence (extensive blood) = USK 18

Then there's the limb cutting and rag doll part which is usually enough reason to not give a USK rating.
However this is hugely inconsistent.

Some examples:
ZombiU/Dead Space gets USK18 without any changes
Dead Rising/Dead Island did not get a rating
Resident Evil 2-4 got a USK rating after cutting several elements
Condemned 1&2 did not get a rating and are confiscated !

Therefore Dead Space and ZombiU were extremely lucky IMO.
Proof that Dead Space was lucky: (http://www.schnittberichte.com/news.php?ID=1039 ) USK18 after the third try.

Thanks! So all in all it's  just not that big of a deal. Apart from the games that are banned/not rated ofcourse.

As I said before, the problem may be the videos in the eShop, not the ability to buy the game. Buying the game will need an age-verification too, but that may be handled different. But for instance Amazon made Post-Ident for me, buying a USK18-game.

Small question : Does Sony or Microsoft empty their German PSN/XBLive when the sun rises?

I also think a dedicated german eShop should solve this issue for other european countries. It could simply remove the videos for the game at other times than night and would be probably fine, you are allowed to buy the game at any time (with proper age-verification, that could be solved somehow).

Do they include gameplay-videos?

Doesn't matter. Nintendo blocks all content, even the game's description. If Sony or Microsoft keep their online mature content during the day in Germany, that means it isn't a legal issue and that Nintendo's censors are zealots.

I think nobody sued Nintendo, but they asked their lawyers. You are right, the description itself should be no problem. Probably their eShop-Software isn't flexible enough to only block the videos.

SHit like this doesn't happen over night people.

it took Australia oh I don't know about 10 years for the state governments to agree on a R18+ rating for video games. They must all agree or law can't change. Everytime it went to vote, ONE wanker would block it.

Now they finally passed it like start of 2012 (or maybe late 2011), guess what, the law still hasn't been made official. All the paper work takes time (cause that is all governments do). Hopefully it will come into effect 1 July 2013.

As for TV we too have similar rule on free to air now. But i think it is 10pm. Movies that have X amount of swearing in them have to beep out the worlds unless its 10pm lol.

Did you read what I wrote properly? I said Nintendo will never go overboard. Nintendo first party will never go above a teen rating (if they even reach that at all). Its the third party you will have to worry about. Nintendo acquires those games to satisfy the appetite of the older gamers who are looking for something more from them. After the satisfy their teen, 17+ and mature third party talks they go back to their first party games which are primarily for families or everyone. With Sony and Microsoft, this German Law applies in a sweeping manner.