AN ARRIVING WDB IN IMC REACTS TO TCASII RA; TFC PASSES ABOUT 400 FT OVER THE TOP.

Narrative

INTL FLT 40 NM W OF MUC (MUNICH); GERMANY; DSNDING THROUGH 10000 FT MSL. WE WERE NOTIFIED BY MUC APCH OF TFC 12 O'CLOCK; 7 MI. TCASII CONFIRMED THE TFC. CONTINUING OUR DSCNT WE RECEIVED AN RA ABOUT 3-4 NM FROM THE OTHER ACFT. OUR ALT WAS ABOUT 9700 FT MSL; STARTING OUR LEVEL OFF TO SLOW TO 250 KTS. THE TCASII DIRECTED US TO STEEPEN/INCREASE OUR DSCNT IN EXCESS OF 2000 FPM; WHICH WE DID; AND AS THE OTHER ACFT PASSED OVERHEAD; OUR TCASII SHOWED HIS ALT. HE PASSED APPROX 400 FT DIRECTLY OVER US. ACCORDING TO OUR TCASII (WE WERE IMC). MUC APCH ONLY CALLED US 1 TIME; WHEN OUR TFC WAS 7 MI IN FRONT OF US. IT WAS VERY EARLY IN THE AM FOR US. WE HAD FLOWN ALL NIGHT AND OF COURSE TIRED. I WAS FLYING THE ACFT. BEING TIRED IT TOOK A COUPLE OF EXTRA SECONDS TO INTERPRET THE TCASII SYMBOLOGY; AND VSI INSTRUCTIONS. I THINK MUC ERRED; AND TCASII PREVENTED AN ACCIDENT. I HAVE 1 OTHER QUESTION. IS THE SEPARATION CRITERIA IN GERMANY/EUROPE DIFFERENT THAN IN THE UNITED STATES OF AMERICA FOR DSCNT BELOW 10000 FT MSL OR IN EUROPE FL100? OR; DID TCASII ERR?