I learned that the qualification "not select or modify" acually IS present in German law. § 8 TMG says, that the service provider is not responsible in so far as he did not "chose or modify" the transmitted information.
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As far as precedence is concerned, I believe that all the Tor-related raids in Germany (that I became aware of) ended with the state attorney closing the investigation (against the Tor operator) after finally realising that the offending traffic came through Tor.
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Is the TMG law even used/relevant in Tor cases here in Germany? I don't have quotes or sources but if I remember correctly this specific law was never part of the closure.
Renke