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Decisions published in the Official Digest (BVerfGE)
Volume 129
Decisions
| BVerfGE 129, 1-37 | Order of 31 May 2011 | 1 BvR 857/07 | On the constitutionality of specifying indeterminate legal concepts by making reference in laws to delegated legislation and on whether the ensuing interpretation by the executive is binding |
| BVerfGE 129, 37-49 | Order of 8 June 2011 | 2 BvR 2846/09 | Subsequent ordering of preventive detention (§ 66b(1) first sentence in conjunction with § 66(3) of the Criminal Code) |
| BVerfGE 129, 49-78 | Order of 21 June 2011 | 1 BvR 2035/07 | Provisions in § 18(3) first sentence of the Federal Act on Education and Training Grants regarding the partial repayment waiver for medical students in the former East German Länder are partly incompatible with Art. 3(1) of the Basic Law |
| BVerfGE 129, 78-107 | Order of 19 June 2011 | 1 BvR 1916/09 | On the legal ability of legal entities from EU Member States to hold fundamental rights; constitutional court review of the assumption by the ordinary courts that EU law grants no margin of assessment when transposing directives |
| BVerfGE 129, 108-124 | Order of 19 August 2011 | 2 BvG 1/10 | Land parliaments and their presidents do not have the legal ability to apply for a decision in disputes between the Federation and the Länder |
| BVerfGE 129, 124-186 | Judgment of 7 September 2011 | 2 BvR 987, 1485, 1099/10) | Financial aid for Greece and the Euro Rescue Package is compatible with the Basic Law |
| BVerfGE 129, 186-208 | Order of 4 October 2011 | 1 BvL 3/08 | Inadmissible judicial review proceedings (Art. 100(1) of the Basic Law) given that the referring court has not clarified whether the law it considers to be unconstitutional was enacted on the basis of binding requirements of EU law or whether the German legislator enjoyed latitude in its transposition |
| BVerfGE 129, 208-268 | Order of 12 October 2011 | 2 BvR 236/08, 2 BvR 237/08, 2 BvR 422/08 | Provisions of the Telecommunications Surveillance Revision Act of 21 December 2007 (§100a(2) and (4), § 101(4) to (6) and § 160a of the Code of Criminal Procedure) are constitutional |
| BVerfGE 129, 269-284 | Order of 12 October 2011 | 2 BvR 633/11 | § 8(2) second sentence of the Baden-Württemberg Confinement Act (coercive treatment of persons confined in a psychiatric facility for criminal offenders) is unconstitutional |
| BVerfGE 129, 284-300 | Order of 27 October 2011 | 2 BvE 8/11 | Delegation of the Bundestag’s participation rights to a special committee (Stability Mechanism Act in the version of 9 October 2011); here: application for a preliminary injunction |
| BVerfGE 129, 300-346 | Order of 9 November 2011 | 2 BvC 4/10, 2 BvC 6/10, 2 BvC 8/10 | 5% threshold for elections to the European Parliament in Germany is unconstitutional |
| BVerfGE 129, 346-356 | Order of 9 November 2011 | 2 BvC 4/10, 2 BvC 6/10, 2 BvC 8/10 | Dissenting opinion of Justices Di Fabio and Mellinghoff |
| BVerfGE 129, 356-376 | Order of 22 November 2011 | 2 BvE 3/08 | On the question of whether the sale of assets by Deutsche Bahn AG requires approval by the Bundestag |
Volume 128
Decisions
| BVerfGE 128, 1-90 | Judgment of 24 November 2010 | 1 BvF 2/05 | Provisions of the Genetic Engineering Act are compatible with the Basic Law |
| BVerfGE 128, 90-108 | Order of 7 December 2010 | 1 BvR 2628/07 | Abolishing unemployment assistance is compatible with the Basic Law |
| BVerfGE 128, 109-137 | Order of 11 January 2011 | 1 BvR 3295/07 | § 8(1) nos. 3 and 4 of the Transsexuals Act is partly incompatible with Art. 2(1) and (2) in conjunction with Art. 1(1) of the Basic Law |
| BVerfGE 128, 138-157 | Order of 11 January 2011 | 1 BvR 3588/08, 1 BvR 555/09 | Pension cuts for persons with reduced working capacity who draw a pension before the age of 60 are constitutional |
| BVerfGE 128, 157-193 | Order of 25 January 2011 | 1 BvR 1741/09 | Employee rights must be safeguarded in cases where a change of employer due to privatisation is mandated by law (University Hospital Gießen and Marburg) |
| BVerfGE 128, 193-224 | Order of 25 January 2011 | 1 BvR 918/10 | The Federal Court of Justice’s interpretation of § 1578(1) first sentence of the Civil Code violates Art. 2(1) of the Basic Law in conjunction with the rule of law (Art. 20(3) of the Basic Law) – impermissible judicial development of the law |
| BVerfGE 128, 224-226 | Order of 25 January 2011 | 2 BvR 2015/09 | Asylum law: deportation to Greece; here: discontinuation of the proceedings |
| BVerfGE 128, 226-269 | Judgment of 22 February 2011 | 1 BvR 699/06 | Companies that are majority-owned by the state are bound by fundamental rights (here: expression of opinion and demonstration at Frankfurt Airport) |
| BVerfGE 128, 269-278 | Judgment of 22 February 2011 | 1 BvR 699/06 | Dissenting opinion of Justice Schluckebier |
| BVerfGE 128, 278-282 | Order of 24 February 2011 | 2 BvE 1/10 | Order of 24 February 2011 2 BvE 1/10 Unfounded application in Organstreit proceedings regarding the question of whether some nominations for the election of the Federal President were impermissible |
| BVerfGE 128, 282-322 | Order of 23 March 2011 | 2 BvR 882/09 | Provisions regarding coercive medical treatment of a person confined in a psychiatric facility for criminal offenders are unconstitutional |
| BVerfGE 128, 322-325 | Order of 12 April 2011 | 2 BvC 12/10 | Inadmissible electoral complaint |
| BVerfGE 128, 325-326 | Order of 3 May 2011 | 2 BvF 1/05 | Referral to the Plenary under § 16(1) of the Federal Constitutional Court Act; here: Aviation Security Act |
| BVerfGE 128, 326-409 | Judgment of 4 May 2011 | 2 BvR 2333/08, 2 BvR 2365/09, 2 BvR 571/10, u.a. | Preventive detention |
Volume 127
Decisions
| BVerfGE 127, 1-31 | Order of 7 July 2010 | 2 BvL 14/02, 2 BvL 2/04, 2 BvL 13/05 | Quasi-retroactive effects in tax law; here: extending the period during which a property sale is considered speculative is partly unconstitutional |
| BVerfGE 127, 31-60 | Order of 7 July 2010 | 2 BvL 1/03, 2 BvL 57/06, 2 BvL 58/06 | Quasi-retroactive effects in tax law; here: limiting tax deductions for compensation related to past or present lost revenue is partly unconstitutional |
| BVerfGE 127, 61-87 | Order of 7 July 2010 | 2 BvR 748/05, 2 BvR 753/05, 2 BvR 1738/05 | Quasi-retroactive effects in tax law; here: lowering the threshold for holdings in a company in connection with taxing the private sale of equity is partly unconstitutional |
| BVerfGE 127, 87-132 | Order of 20 July 2010 | 1 BvR 748/06 | University statutes, academic freedom: § 90 and § 91 of the Hamburg Higher Education Act (relationship between university organs at faculty level) are incompatible with Art. 5(3) first sentence of the Basic Law |
| BVerfGE 127, 132-165 | Order of 21 July 2010 | 1 BvR 420/09 | Parental rights of the father of a child born out of wedlock: § 1626a(1) no. 1 and § 1672(1) of the Civil Code are incompatible with Art. 6(2) of the Basic Law |
| BVerfGE 127, 165-224 | Order of 7 September 2010 | 2 BvF 1/09 | Provisions governing how the Federation obtains information when granting financial assistance pursuant to Art. 104b of the Basic Law are partly unconstitutional (in this case regarding § 6a of the Investing in the Future Act) |
| BVerfGE 127, 224-263 | Order of 12 October 2010 | 1 BvL 12/07 | § 8b(3) first sentence and (5) first sentence of the Corporate Income Tax Act (flat rate calculation of non-deductible operating expenses) are compatible with Art. 3(1) of the Basic Law |
| BVerfGE 127, 263-292 | Order of 12 October 2010 | 1 BvL 14/09 | Extending the principle of limited liability within families (§ 116(6) first sentence of the Tenth Book of the Code of Social Law) to a parent who has maintenance obligations towards an injured child and, while not living in the same household, pays maintenance and has regular and extended contact with the child is constitutional |
| BVerfGE 127, 293-335 | Order of 12 October 2010 | 2 BvF 1/07 | § 13b and § 33(3) and (4) of the Ordinance on Animal Protection and Animal Farming (farming of laying hens) are incompatible with Art. 20a of the Basic Law |
| BVerfGE 127, 335-363 | Order of 12 October 2010 | 2 BvL 59/06 | Referral from the Federal Finance Court regarding “minimum taxation” pursuant to § 2(3) and § 10d of the Income Tax Act in the versions of the 1999/2000/2002 Tax Relief Act is inadmissible |
Volume 126
Decisions
| BVerfGE 126, 1-29 | Order of 13 April 2010 | 1 BvR 216/07 | Professors at universities of applied sciences are holders of the fundamental right under Art. 5(3) first sentence of the Basic Law |
| BVerfGE 126, 29-55 | Order of 14 April 2010 | 1 BvL 8/08 | Equal treatment of different groups of employees in connection with the privatisation of the hospitals of the Free and Hanseatic City of Hamburg |
| BVerfGE 126, 55-77 | Order of 4 May 2010 | 2 BvE 5/07 | Organstreit proceedings regarding the deployment of the Bundeswehr in the context of the G8 Summit in Heiligendamm and the question of whether Art. 87a(2) of the Basic Law serves to protect the competences of the Bundestag |
| BVerfGE 126, 77-112 | Order of 4 May 2010 | 2 BvL 8/07, 2 BvL 9/07 | Provisions of the Aviation Security Act regarding the possibility of carrying out background checks on pilots (§ 7 of the Aviation Security Act) are incompatible with Art. 85 and Art. 87d(2) of the Basic Law |
| BVerfGE 126, 112-158 | Order of 8 June 2010 | 1 BvR 2011/07, 1 BvR 2959/07 | Integrating the private rescue service into the public rescue service in Saxony (Act on Fire Protection, Rescue Service and Disaster Control of 24 June 2004) is compatible with Art. 12(1) of the Basic Law |
| BVerfGE 126, 158-170 | Order of 9 June 2010 | 2 BvR 1099/10 | On the compatibility of the “Euro Rescue Package” (Euro Stability Mechanism Act) with the Basic Law; here: application for a preliminary injunction |
| BVerfGE 126, 170-233 | Order of 23 June 2010 | 2 BvR 2559/08, 2 BvR 105/09, 2 BvR 491/09 | Court decisions based on § 266(1) of the Criminal Code (embezzlement) partly incompatible with Art. 103(2) of the Basic Law |
| BVerfGE 126, 233-268 | Order of 6 July 2010 | 1 BvL 9/06, 1 BvL 2/08 | On the transfer of pension entitlements from the former GDR’s supplementary and special pension systems |
| BVerfGE 126, 268-286 | Order of 6 July 2010 | 2 BvL 13/09 | Restrictions on tax deductions for a home office under income tax law are partly unconstitutional |
| BVerfGE 126, 286-318 | Order of 6 July 2010 | 2 BvR 2661/06 | On the preconditions for ultra vires review in cases where the EU may have exceeded its competences, the preconditions for compensation in cases where a law is rendered inapplicable with retroactive effect following a decision by the CJEU, and the preconditions for a violation of Art. 101(1) second sentence of the Basic Law when the duty of referral pursuant to Art. 267(3) TFEU is not observed (confirmation of BVerfGE 82, 159 <194>) |
| BVerfGE 126, 318-331 | Order of 6 July 2010 | 2 BvR 2661/06 | Dissenting opinion of Justice Landau |
| BVerfGE 126, 331-369 | Order of 21 July 2010 | 1 BvL 8/07 | § 10(1) first sentence no. 7 second sentence of the Compensation Act in respect of the Act Governing Unresolved Asset Matters is compatible with the Basic Law (exclusion of untraceable co-heirs from their jointly inherited entitlements) |
| BVerfGE 126, 369-400 | Order of 21 July 2010 | 1 BvL 11/06, 1 BvL 12/06, 1 BvL 13/06, 1 BvR 2530/05 | § 22b(1) first sentence of the Foreign Pensions Act as amended by the Act Securing the Long-Term Financial Basis of the Statutory Pension Scheme of 21 July 2004 and its retroactive application from 7 May 1996 by Art. 15(3) of the Act is constitutional |
| BVerfGE 126, 400-433 | Order of 21 July 2010 | 1 BvR 611/07, 1 BvR 2464/07 | Unequal treatment of marriages and registered civil partnerships under the Inheritance and Gift Tax Act in the version of 31 December 2008 is incompatible with Art. 3(1) of the Basic Law |
Volume 125
Decisions
| BVerfGE 125, 1-39 | Order of 17 November 2009 | 1 BvR 2192/05 | Arrangement for transitioning from the “tax credit method” to the “half income method” under corporate tax law from 2000 to 2001 is partly incompatible with the Basic Law |
| BVerfGE 125, 39-103 | Judgment of 1 December 2009 | 1 BvR 2857/07, 1 BvR 2858/07 | Shop opening hours on Sundays and holidays (Berlin Shop Opening Hours Act) |
| BVerfGE 125, 104-141 | Order of 8 December 2009 | 2 BvR 758/07 | On the competences of the mediation committee (following BVerfGE 101, 297; 120, 56) and the constitutionality of the amendment of the Public Transport Act by the Budget Accompanying Act |
| BVerfGE 125, 141-174 | Order of 27 January 2010 | 2 BvR 2185/04, 2 BvR 2189/04 | The leverage factor for trade tax (§§ 1, 16(4) second sentence of the Trade Tax Act) is constitutional |
| BVerfGE 125, 175-260 | Judgment of 9 February 2010 | 1 BvL 1/09, 1 BvL 3/09, 1 BvL 4/09 | The amounts paid under the unemployment benefits scheme to cover the basic cost of living for adults and children are incompatible with the Basic Law |
| BVerfGE 125, 260-364 | Judgment of 2 May 2010 | 1 BvR 256/08, 1 BvR 263/08, 1 BvR 586/08 | Precautionary storage of telecommunications traffic data |
| BVerfGE 125, 364-380 | Judgment of 2 May 2010 | 1 BvR 256/08, 1 BvR 263/08, 1 BvR 586/08 | Dissenting opinion of Justice Schluckebier |
| BVerfGE 125, 380-385 | Judgment of 2 May 2010 | 1 BvR 256/08, 1 BvR 263/08, 1 BvR 586/08 | Dissenting opinion of Justice Eichberger |
| BVerfGE 125, 385-395 | Order of 7 May 2010 | 2 BvR 987/10 | Financial aid for Greece; here: rejection of application for a preliminary injunction |
Volume 124
Decisions
| BVerfGE 124, 1-25 | Order of 21 April 2009 | 2 BvC 2/06 | § 43 of the Federal Electoral Act (former version) is constitutional (by-elections) |
| BVerfGE 124, 25-43 | Order of 10 June 2009 | 1 BvR 825/08, 1 BvR 831/08 | Obligation to provide health insurance coverage; here: smaller mutual insurance associations |
| BVerfGE 124, 43-77 | Order of 16 June 2009 | 2 BvR 902/06 | Seizure of emails from an Internet provider’s server; §§ 94 ff. of the Code of Criminal Procedure are compatible with Art. 10 of the Basic Law |
| BVerfGE 124, 78-161 | Order of 17 June 2009 | 2 BvE 3/07 | On the Federal Government’s duty to provide information in committees of inquiry (here: committee of inquiry regarding the Federal Intelligence Service) |
| BVerfGE 124, 161-199 | Order of 1 July 2009 | 2 BvE 5/06 | On the Federal Government’s responses to parliamentary interpellations in matters regarding the Federation’s intelligence services |
| BVerfGE 124, 199-235 | Order of 7 July 2009 | 1 BvR 1164/07 | Unequal treatment of marriages and registered civil partnerships in relation to survivors’ pensions for public sector employees pursuant to the by-laws of the Pension Agency for the Federation and the Länder is incompatible with the Basic Law |
| BVerfGE 124, 235-251 | Order of 16 September 2009 | 2 BvR 852/07 | Levy that funds the Federal Financial Supervisory Authority is compatible with the Basic Law |
| BVerfGE 124, 251-267 | Order of 22 September 2009 | 2 BvL 3/02 | Taxation of the interest part of payments from annuities; here: inadmissible referral from the Federal Finance Court |
| BVerfGE 124, 267-282 | Order of 13 October 2009 | 2 BvE 4/08 | On the scope of the requirement of a parliamentary decision under constitutional law governing defence |
| BVerfGE 124, 282-299 | Order of 13 October 2009 | 2 BvL 3/05 | § 31 fifth sentence and § 36(2) first sentence of the Income Tax Act (not offsetting child benefit against the child’s cost of living pursuant to § 1612b(5) of the Civil Code) in the 2001 assessment period are constitutional |
| BVerfGE 124, 299-300 | Order of 15 October 2009 | 1 BvR 256/08 | Retention of telecommunications traffic data; here: renewal of preliminary injunctions, most recently of 22 April 2009 (BVerfGE 123, 89) |
| BVerfGE 124, 300-347 | Order of 4 November 2009 | 1 BvR 2150/08 | § 130(4) of the Criminal Code (crime of public glorification of the Nazi regime) is compatible with Art. 5(1) and (2), Art. 103(2) of the Basic Law |
| BVerfGE 124, 348-383 | Order of 24 November 2009 | 2 BvR 1387/04 | The levying of “fees” (special levies) pursuant to the Deposit Guarantee and Investor Compensation Act is constitutional |
Volume 123
Decisions
| BVerfGE 123, 1-39 | Order of 4 February 2009 | 1 BvL 8/05 | Taxation of gambling machines based on the number of machines is incompatible with Art. 3(1) of the Basic Law (§ 2(1) of the Hamburg Gambling Machine Tax Act) |
| BVerfGE 123, 39-88 | Judgment of 3 March 2009 | 2 BvC 3/07, 2 BvC 4/07 | Use of computer-based voting machines (“voting computers”) for the 2005 elections to the Bundestag was impermissible |
| BVerfGE 123, 89-89 | Order of 22 April 2009 | 1 BvR 256/08 | Renewal of a preliminary injunction (following BVerfGE 121, 1; 121, 391; 122, 120) |
| BVerfGE 123, 90-111 | Judgment of 5 May 2009 | 1 BvR 1155/03 | Provision preventing multiple last names (§ 1355(4) second sentence of the Civil Code) is constitutional |
| BVerfGE 123, 111-131 | Order of 12 May 2009 | 2 BvL 1/00 | Tax law provisions regarding non-recognition of accrued liabilities for employee anniversaries are constitutional |
| BVerfGE 123, 132-148 | Order of 12 May 2009 | 2 BvR 743/01 | Subsidising the sale of wood by special levy is unconstitutional (following BVerfGE 122, 316) |
| BVerfGE 123, 148-185 | Order of 12 May 2009 | 2 BvR 890/06 | Constitutional requirements regarding state funding of religious communities |
| BVerfGE 123, 186-267 | Judgment of 10 June 2009 | 1 BvR 706/08, 1 BvR 814/08, 1 BvR 819/08 inter alia | 2007 health care reform (basic rate, portability of retirement provisions, conditions for exemption from compulsory health insurance) is compatible with the Basic Law |
| BVerfGE 123, 267-437 | Judgment of 30 June 2009 | 2 BvE 2/08, 2 BvE 5/08, 2 BvR 1010/08 inter alia | Lisbon Treaty |
Volume 122
Decisions
| BVerfGE 122, 1-39 | Order of 14 October 2008 | 1 BvF 4/05 | The Act Implementing Single Farm Payments is compatible with the Basic Law (regional differences in granting subsidies to farms) |
| BVerfGE 122, 39-63 | Order of 14 October 2008 | 1 BvR 2310/06 | On the equal exercise of rights in out-of-court matters: § 2(2) of the Legal Aid and Advice Act (exclusion of tax law from matters for which legal aid and advice is provided) is incompatible with Art. 3(1) of the Basic Law |
| BVerfGE 122, 63-89 | Order of 15 October 2008 | 2 BvR 236/08, 2 BvR 237/08 | Covert investigative measures (Telecommunications Surveillance Revision Act); here: application for a preliminary injunction |
| BVerfGE 122, 89-120 | Order of 28 October 2008 | 1 BvR 462/06 | On the academic freedom of professors of theology at public universities |
| BVerfGE 122, 120-151 | Order of 28 October 2008 | 1 BvR 256/08 | Retention of telecommunications traffic data; here: renewal and extension of the preliminary injunctions of 14 March and 1 September 2008 (BVerfGE 121, 1 und 391) |
| BVerfGE 122, 151-190 | Order of 11 November 2008 | 1 BvL 3/05, 1 BvL 4/05, 1 BvL 5/05, u.a. | Provisions regarding pension reductions when pensions are drawn early due to unemployment or part-time retirement (§ 237(3) and (4) first sentence no. 3 of the Sixth Book of the Code of Social Law) are compatible with the Basic Law |
| BVerfGE 122, 190-210 | Order of 25 November 2008 | 1 BvR 848/07 | Remonstrance and subsidiarity with regard to constitutional complaints (following BVerfGE 107, 395); the prohibition on bypassing the other party’s lawyer (§ 12 of the Rules of Professional Practice for Lawyers) and the provisions for sanctioning non-compliance with this prohibition under professional law are constitutional |
| BVerfGE 122, 210-248 | Judgment of 9 December 2008 | 2 BvL 1/07, 2 BvL 2/07, 2 BvL 1/08, 2 BvL 2/08 | § 9(2) first and second sentences of the Income Tax Act (tax break for commuters) is incompatible with Art. 3(1) of the Basic Law |
| BVerfGE 122, 248-282 | Order of 15 January 2009 | 2 BvR 2044/07 | Removing the factual basis of an objection in criminal proceedings is constitutional |
| BVerfGE 122, 282-302 | Order of 15 January 2009 | 2 BvR 2044/07 | Dissenting opinion of Justices Osterloh and Di Fabio |
| BVerfGE 122, 302-304 | Order of 15 January 2009 | 2 BvR 2044/07 | Dissenting opinion of Justice Gerhardt |
| BVerfGE 122, 304-315 | Order of 15 January 2009 | 2 BvC 4/04 | On the conditions under which electoral complaints become moot after the end of a parliamentary term |
| BVerfGE 122, 316-341 | Judgment of 3 February 2009 | 2 BvL 54/06 | On the constitutional requirements in respect of charging non-tax levies, in particular special levies that finance a public task (here: Agricultural Promotion Fund Act) |
| BVerfGE 122, 342-374 | Order of 17 February 2009 | 1 BvR 2492/08 | Constitutional complaint regarding the Bavarian Assembly Act; here: application for a preliminary injunction |
| BVerfGE 122, 374-397 | Order of 18 February 2009 | 1 BvR 3076/08 | Constitutional complaint regarding § 19(1) of the 2009 Renewable Energies Act; here: application for a preliminary injunction |
Volume 121
Decisions
| BVerfGE 121, 1-30 | Order of 11 March 2008 | 1 BvR 256/08 | Retention of telecommunications traffic data; here: application for a preliminary injunction |
| BVerfGE 121, 30-69 | Judgment of 12 March 2008 | 2 BvF 4/03 | On the permissibility of interests held by political parties in private broadcasting companies |
| BVerfGE 121, 69-108 | Judgment of 1 April 2008 | 1 BvR 1620/04 | Parental obligation to have contact with their child pursuant to § 1684(1) of the Civil Code is not subject to compulsory enforcement |
| BVerfGE 121, 108-134 | Order of 17 April 2008 | 2 BvL 4/05 | § 13(1) no. 18 of the Inheritance Tax Act (tax exemption for donations to political parties but not to municipal voter groups) is unconstitutional |
| BVerfGE 121, 135-175 | Judgment of 7 May 2008 | 2 BvE 1/03 | On the scope of the requirement of a parliamentary decision for deploying armed forces: airspace surveillance of Turkish territory by NATO AWACS aircraft in spring 2003 |
| BVerfGE 121, 175-205 | Order of 27 May 2008 | 1 BvL 10/05 | Provisions of the Transsexuals Act (being unmarried as a precondition for recognition of new gender under civil status law following gender reassignment surgery) are incompatible with the Basic Law |
| BVerfGE 121, 205-233 | Order of 28 May 2008 | 2 BvL 11/07 | Filling senior civil service positions with temporary civil servants is incompatible with Art. 33(5) of the Basic Law |
| BVerfGE 121, 233-241 | Order of 28 May 2008 | 2 BvL 8/08 | Inadmissible referral regarding the question of which court is responsible for monitoring correspondence during remand detention in Lower Saxony |
| BVerfGE 121, 241-266 | Order of 18 June 2008 | 2 BvL 6/07 | § 85(4) second sentence of the Civil Service Benefits Act in conjunction with § 13(1) first sentence, second and third half-sentences of the Civil Service Benefits Act (former version) is incompatible with Art. 3(3) of the Basic Law (so-called benefits reduction) |
| BVerfGE 121, 266-317 | Judgment of 3 July 2008 | 2 BvC 1/07, 2 BvC 7/07 | “Negative vote effect” (§ 7(3) second sentence in conjunction with § 6(4) and (5) of the Federal Electoral Act) is unconstitutional |
| BVerfGE 121, 317-388 | Judgment of 30 July 2008 | 1 BvR 3262/07, 1 BvR 402/08, 1 BvR 906/08 | Ban on smoking in bars and restaurants |
| BVerfGE 121, 317-378 | Judgment of 30 July 2008 | 1 BvR 3262/07, 1 BvR 402/08, 1 BvR 906/08 | Dissenting opinion |
| BVerfGE 121, 381-388 | Judgment of 30 July 2008 | 1 BvR 3262/07, 1 BvR 402/08, 1 BvR 906/08 | Dissenting opinion |
| BVerfGE 121, 388-391 | Order of 25 August 2008 | 2 BvM 3/06 | Referral regarding the succession of states in international treaties; here: proceedings have become moot |
| BVerfGE 121, 391-392 | Order of 1 September 2008 | 1 BvR 256/08 | Retention of telecommunications traffic data; here: renewal of the preliminary injunction of 11 March 2008 (BVerfGE 121, 1) |
Volume 120
Decisions
| BVerfGE 120, 1-55 | Order of 15 January 2008 | 1 BvL 2/04 | § 2(1) first sentence of the Trade Tax Act (exemption from trade tax for income generated in liberal professions) and § 15(3) no. 1 of the Income Tax Act (a partnership’s entire income is subject to trade tax, even if only part of it is generated by activities subject to trade tax) are compatible with the Basic Law |
| BVerfGE 120, 56-81 | Order of 15 January 2008 | 2 BvL 12/01 | On the limits of the competences of mediation committees (following BVerfGE 101, 297) |
| BVerfGE 120, 82-125 | Judgment of 13 February 2008 | 2 BvK 1/07 | Organstreit proceedings regarding the question of whether the 5% electoral threshold in the Schleswig-Holstein Municipal Elections Act is compatible with Art. 3(1) of the Land Constitution and Art. 21(1) of the Basic Law |
| BVerfGE 120, 125-168 | Order of 13 February 2008 | 2 BvL 1/06 | On the consideration of health and care insurance contributions when calculating income tax deductions for provisions for sickness and old age |
| BVerfGE 120, 169-180 | Order of 13 February 2008 | 2 BvR 1220/04, 2 BvR 410/05 | On the consideration of provisions for sickness and old age when calculating income tax |
| BVerfGE 120, 180-223 | Order of 26 February 2008 | 1 BvR 1602/07, 1 BvR 1606/07, 1 BvR 1626/07 | On the scope of the fundamental right to the protection of one’s personality in the context of photojournalism covering the private life of celebrities (Caroline of Hanover) |
| BVerfGE 120, 224-255 | Order of 26 February 2008 | 2 BvR 392/07 | § 173(2) second sentence of the Criminal Code (punishable offence of incest between siblings) is compatible with the Basic Law |
| BVerfGE 120, 225-273 | Order of 26 February 2008 | 2 BvR 392/07 | Dissenting opinion of Justice Hassemer |
| BVerfGE 120, 274-350 | Judgment of 27 February 2008 | 1 BvR 370/07, 1 BvR 595/07 | Constitutional requirements regarding state access to IT systems (“remote searches”) |
| BVerfGE 120, 351-377 | Order of 10 March 2008 | 1 BvR 2388/03 | Constitutional complaint regarding the collection of data on international tax relations and the affected person’s right to obtain information |
| BVerfGE 120, 378-433 | Judgment of 11 March 2008 | 1 BvR 2074/05, 1 BvR 1254/07 | Provisions regarding the automated recording of vehicle registration plates are unconstitutional |