I have dealt with this problem of partial overfilling by a mechanic on so many occasions it doesn't bother me anymore. While it is true that a partial overfill may not cause noticable damage to the engine, where do we, as enthusiasts, draw the line? How much overfill is too much? In my case, if I see 1/4 inch over the max. level I let it slide since the dipstick is not considered, according to automobile engineers, to be a highly accurate measure of engine oil level. In addition, that 1/4 inch overfill level will drop down to the correct level after a week's worth of hard driving in the case of my car. However, if the overfill is more than a 1/4 inch, I politely make them take it back and either drain it or refill it again. There's only so much overfill I can stomach before I drive myself crazy fretting about it.
Also, whenever I bring the car in for an oil change or any service, I do not drive off without checking under the hood to make sure all fluids are at the proper level, the oil cap is screwed on correctly, and there is no minor exterior body damage to the car.
In the case of an M5, I, personally, would tolerate zero overfill when I bring it in for an oil change. It isn't just another bimmer, it's an M5 fer cryin' out loud.