Tüv / HU / rust / rusted / screwdriver / can he do that? /

Hello, I was yesterday to the hu/au examination, the tüv examiner has criticized, that the swarm has rusted through. Now my question: What you see on the pictures, had the same color as the car before the examination, the examiner is allowed to poking around and force a hole there (I was not in the workshop during the examination, so I can not even say if he used only a screwdriver for this). Greetings bret