@High Seas,
Are you familiar with the concept of
Staatsraison? Are you aware that this concept sometimes causes courts to drop cases that might otherwise lead to things like, I dunno, putting a defense minister in jail? If you can point me to a copy of the
Bundesgerichtshof's ruling, I'll be happy to take a look at it and see what reasons it gives for its decision. Otherwise I'll keep presuming that the Bundesgerichtshof closed the case out of
Staatsraison. (For American readers: the literal translation is "Reason of State". I'm not sure if there's a
good translation of the term.)