If you go into a restaurant and put your finger in a fellow customer's food, that is not against the law, but the manager will throw you out. It's the same with Facebook's ToS, they can decide who and who cannot use their service. I have read a lot about how Germany has dealt with privacy within the Facebook platform, but have not seen anything about reinstating users who have breached ToS?

There were a few cases regarding the realname policy regarding that, and it’s still in the courts, but it looks like Facebook can’t exclude users for that.