Distribution to minors outside of a certain time is illegal in Germany, where they're physically located, so they can't do it.
It doesn't matter if the content is going to another country, they're in Germany and need to follow Germany's distribution laws.
But yeah, move/duplicating servers would be good, if possible.
. They have do that then. Even if they are following laws, everyone else manages it, without effecting rest of Europe. Even if the situation is different (server location etc), average person is just going to look and think well, I can buy on PSN/XBLA/Steam/What ever service, why can't Nintendo do the same.
Looking around, apparently it's not between certain times, but precautions to stop minors accessing it, time is one way and is the way Nintendo have picked. Apparently Sony do it, by making psn cards 18+ in Germany. Can't buy card without be 18, can't have credit card without being 18. Don't see Nintendo doing that though.
I saw some people saying about ID verification or something like that, apparently there are systems in Germany for it, but I'm not German, so they could just be talking crap.
And if people thought Nintendo doesn't hate the Europe region when it comes to games and consoles.
To be fair NOE up until now has been being pretty good to Europe. Some nice wii exclusives, Mario kart trophies, free 3ds XL game, bringing more colours over (pikachu XL, white XL).
It's like they've been trying so hard to shake the perception that they hate Europe and now they are throwing it away.
Wii-U is out for me now. Until they sort this, I won't buy one.