Besides, it was a legitimate strike on enemy's infrastructure during a just defensive war. Nothing to see here.
Is the EU at war with Russia? Is Germany? How about Poland?
It's hard to disagree with the Hungarian foreign minister here... because Polish judges are exploring some new legal frontiers here.
1) "Functional immunity" - as claimed by the Polish judge - typically applies to official acts of a state actor exercising governmental authority in an international, diplomatic/consular context. It doesn't apply to James Bond type actions, where you are blowing up other people's infrastructure.
Under this definition, anyone can do anything - and then claim "I did this on behalf of my state."
2) The court says: "If Ukraine organized the act ... then only Ukraine can be held responsible."
This is retarded. It completely ignores individual criminal liability. In normal countries, both an individual and a state can be held liable for criminal acts - especially ones involving terrorism.
Under this definition, all the 9/11 guys had to be let go, and the prosecution focused only on Afghanistan and Saudi Arabia. No Guantanamo.
3) Poland cannot refuse to comply with a European Arrest Warrant, unless it suspects risk of torture, political pressure, or double jeopardy. None of which apply to the German case.
4) You literally had Nawrocki and Tusk telegraphing what they think the Polish judge should do, days before he actually began to review the case. Even Putin doesn't do such things.
5) The piece of infrastructure in question was "non combatant infrastructure", so claiming war time context seems strange.