BERLIN -- A German court has declined to put on trial a 95-year-old man alleged to have served as a guard at the Nazis' Mauthausen concentration camp, saying Friday that it doesn't see enough evidence to support charges of accessory to murder.

The Berlin state court said prosecutors have appealed against its decision, which was made Thursday. Charges against the suspect, who has been identified only as Hans Werner H. in line with German privacy rules, were filed in October.

The suspect was accused of serving as an SS guard at the camp in Austria from October 1944 to May 1945, a time when prosecutors say 36,223 people were killed at Mauthausen. He wasn't accused of a specific killing, but prosecutors argue that as a guard he helped the camp function.