Kashrlyyk said:
The were BOTH NOT shown to the USK! And that is an automatic ban!!! End of Story!
No it isn't. In theory, you can have a game not rated and it'll never get "banned". It happened before, I remember some baseball games that weren't rated and, of course, never indexed. The only thing that happens with not-rated games is that they can't be sold to minors.
Even the word ban is wrong in Germany, because you're always legally allowed to purchase and own whatever you want. Except for child pornography of course. And Nazi-stuff.
Baresark said:
It's weird, but you are the only person who saying it was not shown to the USK. I can't find any other source stating that, so you'll have to excuse me for not just believing that they didn't submit it.
Here's one source:
http://www.schnittberichte.com/news.php?ID=2724
Naturally, it's only in German. It says that publisher Deep Silver "doesn't count on getting a rating" and therefore they just don't release it. This fairly rare, though, especially lately.
The reason the ratings sometimes seem so random is because there are always other people judging these things. In practice, this resulted in Gears 3 getting a rating while Gears 1 and 2 didn't. Although most of the time, the people in the ratings board just stick to the rules. I.e. don't make the game too realistic, don't encourage the player too much to murder innocents and if you offer non-violent ways to solve problems at all, you're basically good to go.