F4LL0UT: Nope, a game needs to have a USK rating in order to be sold openly in Germany. "Banning" (putting it on the Index) is actually worse than that. Media on Liste A can apparently still be sold to an adult who specifically requests them but distributing media that are on Liste B is illegal, no matter whether you do it commercially or non-commercially. And while owning games from either list isn't illegal at least the Liste B media can be confiscated by the police or the Grenzschutz. For example if I carried a Liste B game from Poland to Germany the Grenzschutz could take it away from me but I won't have to pay a fine (that's how two people who deal with this topic professionally explained it at conferences).
Well, then those two people are wrong. Plain and simple. And your explanation isn't completely correct either.
- Media without a USK rating are treated like Liste A media. They can be sold to adults as long as they're not displayed or advertised where minors can see them. Video rental stores will usually have them in stock because they have areas inaccessible to minors, and even any old electronics retailer is allowed to sell them to you although they will have to roder them in most cases due to the lack of a closed off area. Some might not sell them as part of the store policy, however.
- Now, Liste B media may not be
1. distributed,
2. exhbited, made available,
3. made available to minors, or
4. kept in stock, produced, sold, advertised or be ex-/imported with the intent to to do any of the things mentioned in 1.-3. (I'm quoting the relevant legal article here). The important part herte is
to do any of the things mentioned in 1.-3., this is the qualifier for everything under 4.: It's only illegal to import if you intend to sell, lend, make it available to others, etc. This means that Liste B media cannot legally be taken away from you, if you're importing them for private use, be it personally or via mail.
It particularly cannot be taken away from you by the Grenzschutz, because it's not their jurisdiction in the first place, that would be German customs (where an uncle of mine works, so I'm not talking out of my ass here).