Sidestick_flyer001
In the end the PIC is responsible for the flight and of course can be prosecuted for any wrongdoing, one of the reasons he is usually paid a bit more. That is not limited to germany, once got a 10.000 Swiss Franc fine for turning 0.2NM too late on departure in ZRH. Got the company to pay it, but the PIC was responsible for it as he was responsible for the flight, no matter that the FO was flying.
Hope it clears up and nothing comes off it, just shows, in todays world at airports where noise or routing is an issue: put the automatics on early and pass the buck on to the FMC database provider and aircraft manufacturer if the aircraft is not able to follow the procedures precise enough.