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Decisions published in the Official Digest (BVerfGE)
Volume 149
Decisions
| BVerfGE 149,1-48 | Order of 24 April 2018 | 2 BvL 10/16 | Interference with the principle of lifetime employment enshrined in Art. 33(5) of the Basic Law is only permissible as an exception (Brandenburg University Chancellor) |
| BVerfGE 149, 48-50 | Order of 14 May 2018 | 2 BvF 1/15 | Renewal of a preliminary injunction suspending a statutory provision (Further Injunction Regarding 2011 Census) |
| BVerfGE 149, 50-85 | Order of 22 May 2018 | 1 BvR 1728, 1756/12 | Transfer payments made from the social security system to the federal budget under § 46(4) of the Second Book of the Code of Social Law during a transitional period of systemic restructuring do not violate the principle of equal burdening under Art. 3(1) of the Basic Law (Transfer Payments) |
| BVerfGE 149, 86-126 | Order of 23 May 2018 | 1 BvR 97, 2392/14 | Mandatory farm transfer pursuant to § 11(1) no. 3 of the Old-Age Insurance Scheme for Farmers Act is unconstitutional in cases of extreme hardship (Farm Transfer Requirement) |
| BVerfGE 149, 126-160 | Order of 6 June 2018 | 1 BvL 7/14, 1 BvR 1375/14 | Certain restrictions on fixed-term employment contracts not based on objective reasons are constitutional; impermissible development of the law by courts overriding the intent of the legislator (Fixed-term Employment Not Based on Objective Reasons) |
| BVerfGE 149, 160-221 | Order of 13 July 2018 | 1 BvR 1474/12 | The prohibition of several associations and the underlying provision of § 3(1) first sentence of the Associations Act are constitutional (Prohibition of Associations) |
| BVerfGE 149, 222-293 | Judgment of 18 July 2018 | 1 BvR 1675/16, 745, 836, 981/17 | The levying of public broadcasting fees is constitutional; the levying of additional fees for secondary dwellings is unconstitutional (Public Broadcasting Fees) |
| BVerfGE 149, 293-346 | Judgment of 24 July 2018 | 2 BvR 309/15, 502/16 | Use of physical restraints for anything more than short-term measures on patients confined under public law is unconstitutional without a judicial order (Physical Restraints) |
| BVerfGE 149, 346-374 | Judgment of 24 July 2018 | 2 BvR 1961/09 | German courts not competent to hear dispute on increase in school fees at European Schools (European Schools) |
| BVerfGE 149, 374-378 | Order of 24 July 2018 | 2 BvQ 33/18 | Electoral scrutiny; here: Inadmissibility of an application for a preliminary injunction (Subsequently Allocated Balance Seats) |
| BVerfGE 149, 378-382 | Order of 11 September 2018 | 2 BvQ 80/18 | Electoral scrutiny; here: Inadmissibility of an application for a preliminary injunction (Objection to Election) |
| BVerfG 149, 382-407 | Order of 16 October 2018 | 2 BvL 2/17 | Cuts to the remuneration of civil servants and judges during their first three years of service in Baden-Württemberg are unconstitutional |
| BVerfG 149, 407-421 | Order of 23 October 2018 | 1 BvR 2523/13, 595/14 | Scope of the judicial review by administrative courts required under Art. 19(4) first sentence of the Basic Law in cases where the current state of scientific knowledge is limited (Red Kites) |
Volume 148
Decisions
| BVerfGE 148,1-11 | Order of 13 February 2018 | 2 BvR 651/16 | Assisted dying; here: Successful challenge to participating Justice |
| BVerfGE 148, 11-40 | Judgment of 27 February 2018 | 2 BvE 1/16 | Right to equal opportunities among political parties (Art. 21(1) first sentence of the Basic Law) violated by a press release on a Federal Ministry homepage |
| BVerfGE 148, 40-64 | Order of 21 March 2018 | 1 BvF 1/13 | Art. 12(1) of the Basic Law as a relevant standard for the publication of official information; “naming and shaming” of non-compliant food and feed companies pursuant to § 40(1a) of the Code of Food and Feed Law is for the most part constitutional |
| BVerfGE 148, 64-69 | Order of 21 March 2018 | 1 BvL 1/14 | Inadmissible referral for constitutional review of § 6c(1) first sentence of the Second Book of the Code of Social Law (Transfer of Staff in Public Service) |
| BVerfGE 148, 69-133 | Order of 22 March 2018 | 2 BvR 780/16 | Appointing civil servants as temporary judges pursuant to §§ 17 no. 3, 18 of the Code of Administrative Court Procedure is compatible with the Basic Law |
| BVerfGE 148, 133-147 | Order of 22 March 2018 | 2 BvR 780/16 | Dissenting opinion of Justice Hermanns |
| BVerfGE 148, 147-217 | Judgment of 10 April 2018 | 2 BvL 11, 12/14, 1/15, 1 BvR 639/11, 889/12) | Standard rateable valuation of property for assessing property tax is incompatible with Art. 3(1) of the Basic Law |
| BVerfGE 148, 217-267 | Judgment of 10 April 2018 | 1 BvR 1236/11 | § 7 second sentence no. 2 of the Trade Tax Act is compatible with Art. 3(1) of the Basic Law |
| BVerfGE 148, 267-290 | Order of 11 April 2018 | 1 BvR 3080/09 | Indirect horizontal effects of the right to equality in private law relations; here: Nationwide stadium ban imposed by a football club is constitutional |
| BVerfGE 148, 290-296 | Order of 24 April 2018 | 1 BvR 745, 981/17 | State Treaty of the Länder on Public Broadcasting Fees; here: Unsuccessful challenge to participating Justice |
| BVerfGE 148, 296-391 | Judgment of 12. June 2018 | 2 BvR 1738/12, 1395/13, 1068/14, 646/15 | Ban on strike action for civil servants is constitutional |
Volume 147
Decisions
| BVerfGE 147,1-31 | Order of 10 October 2017 | 1 BvR 2019/16 | Civil status law is unconstitutional in that it does not allow a positive gender entry in the civil register for persons who permanently cannot be assigned the male or female sex |
| BVerfGE 147, 31-39 | Order of 10 October 2017 | 2 BvE 6/16 | Obligation of authors of parliamentary interpellations to challenge allegedly or factually incorrect answers; here: inadmissible application in Organstreit proceedings |
| BVerfGE 147, 39-50 | Order of 10 October 2017 | 2 BvR 859, 1651, 2006/15, 980/16 | Public Sector Purchase Programme for the purchase of assets by the European System of Central Banks; here: inadmissible applications for a preliminary injunction |
| BVerfGE 147, 50-184 | Judgment of 7 November 2017 | 2 BvE 2/11 | Federal Government’s duty to provide information to Parliament |
| BVerfGE 147, 184-185 | Order of 21 November 2017 | 2 BvF 1/13 | Termination of proceedings due to withdrawal of application |
| BVerfGE 147, 185-251 | Judgment of 21 November 2017 | 2 BvR 2177/16 | Constitutional complaint lodged by municipalities against § 3(4) of the Promotion of Child Care Act of the Land Saxony-Anhalt; complaint rejected as set forth in the reasons of the judgment |
| BVerfGE 147, 251-253 | Order of 1 December 2017 | 2 BvF 1/15 | Renewal of a preliminary injunction suspending a statutory provision; here: 2011 Census Act |
| BVerfGE 147, 253-364 | Judgment of 19 December 2017 | 1 BvL 3, 4/14 | Legal provisions restricting university admissions to medical studies on the basis of grade-related criteria are partly unconstitutional |
| BVerfGE 147, 364-390 | Order of 19 December 2017 | 2 BvR 424/17 | Unconstitutional court decision authorising extradition: failure to request preliminary ruling from the CJEU pursuant to Art. 267(3) of the TFEU violates Art. 101(1) second sentence of the Basic Law |
Volume 146
Decisions
| BVerfGE 146, 1-70 | Order of 13 June 2017 | 2 BvE 1/15 | Scope of the parliamentary right to ask questions (Art. 38(1) second sentence in conjunction with Art. 20(2) second sentence of the Basic Law) |
| BVerfGE 146, 71-149 | Judgment of 11 July 2017 | 1 BvR 1571, 1588, 2883/15, 1043, 1477/16 | The Act on Uniformity of Collective Agreements of 3 July 2015 is partially unconstitutional (Art. 9(3) of the Basic Law) |
| BVerfGE 146, 150-163 | Dissenting opinion of Justices Paulus and Baer in the proceedings 1 BvR 1571, 1588, 2883/15, 1043, 1477/16 | ||
| BVerfGE 146, 164-215 | Order of 12 July 2017 | 1 BvR 2222/12, 1106/13 | Compulsory membership in Chambers of Commerce and Industry is compatible with the Basic Law (Art. 2(1) of the Basic Law) |
| BVerfGE 146, 216-293 | Order of 18 July 2017 | 2 BvR 859, 1651, 2006/15, 980/16 | Public Sector Purchase Programme for the purchase of assets by the European System of Central Banks; here: request for a preliminary ruling of the CJEU |
| BVerfGE 146, 294-318 | Order of 19 July 2017 | 2 BvR 2003/14 | Provisions of Land law governing coercive treatment of persons with mental illnesses in confinement are unconstitutional (Art. 2(2) first sentence in conjunction with Art. 19(4) first sentence of the Basic Law) |
| BVerfGE 146, 319-326 | Order of 25 July 2017 | 2 BvC 2/17 | Unsuccessful complaint against non-recognition as a political party for Bundestag elections (Art. 93(1) no. 4c of the Basic Law, § 13 no. 3a of the Federal Constitutional Court Act) |
| BVerfGE 146, 327-375 | Order of 19 September 2017 | 2 BvC 46/14 | Electoral complaint (principle of electoral equality is not violated by the 5% electoral threshold, nor by the non-recognition of a supplementary vote, nor by the public financing of parliamentary groups, members of the Bundestag or political foundations) |
Volume 145
Decisions
| BVerfGE 145, 1-19 | Order of 17 January 2017 | 2 BvL 1/10 | Subjecting civil servants promoted to a higher service position to a “waiting period” before adjusting their remuneration to the respective higher grade is incompatible with Art. 33(5) of the Basic Law |
| BVerfGE 145, 20-105 | Order of 7 March 2017 | 1 BvR 1314, 1630/12, 1694, 1874/13 | Legal provisions on gambling halls (prohibition of gambling compounds; distance requirements; maximum number of gambling machines; requirement that a facility supervisor be continuously present) adopted in three Länder are compatible with the Basic Law |
| BVerfGE 145, 106-170 | Order of 29 March 2017 | 2 BvL 6/11 | Unequal treatment of corporations in terms of carried-forward tax losses under change-of-ownership rules (§ 8c(1) first sentence of the Corporate Tax Act) is incompatible with Art. 3(1) of the Basic Law |
| BVerfGE 145, 171 -229 | Order of 13 April 2017 | 2 BvL 6/13 | Nuclear Fuel Tax Act is unconstitutional |
| BVerfGE 145, 230-248 | Dissenting opinion of Justices Huber and Müller in the proceedings 2 BvL 6/13 | ||
| BVerfGE 145, 249-303 | Order of 23 May 2017 | 2 BvL 10/11, 28/14 | § 55b(3) first sentence of the Pension and Benefits Scheme for Soldiers Act is compatible with Art. 33(5) of the Basic Law |
| BVerfG 145, 304-345 | Order of 23 May 2017 | 2 BvR 883, 905/14 | The permanent levelling of the amounts paid in different pay grades (under the “Ostabsenkung” transitional framework on the payment of civil servants in the East German Länder) is incompatible with Art. 33(5) of the Basic Law |
| BVerfGE 145, 346-347 | Order of 13 June 2017 | 2 BvF 1/15 | 2011 Census Act; here: renewal of preliminary injunction |
| BVerfGE 145, 348-364 | Order of 14 June 2017 | 2 BvQ 29/17 | Unsuccessful application for a preliminary injunction in proceedings on the conditions and scope of the parliamentary right to request that a legislative proposal be tabled (Art. 76(1) of the Basic Law) |
| BVerfG 145, 365-380 | Order of 20 June 2017 | 1 BvR 1978/13 | Constitutional complaint asserting a right of access to information in official documents in the possession of private third parties is inadmissible (Art. 5(1) first sentence, second half-sentence of the Basic Law) |
Volume 144
Decisions
| BVerfGE 144, 1-17 | Order of 7 December 2016 | 2 BvR 1444, 1482, 1823 /16, 2 BvE 3/16) | CETA; here: application for a preliminary injunction |
| BVerfGE 144, 18-19 | Order of 22 December 2016 | 2 BvF 1/15 | Suspension of § 19 of the 2011 Census Act; here: renewal of preliminary injunction (following BVerfGE 140, 99); new composition of judicial bench |
| BVerfGE 144, 20-369 | Judgment of 17 January 2017 | 2 BvB 1/13 | Prohibition proceedings concerning the political party Nationaldemokratische Partei Deutschlands (NPD) |
| BVerfGE 144, 369-412 | Judgment of 17 January 2017 | 2 BvL 2 bis 5/14 | Fee amount for student re-registration pursuant to § 30(1a) first sentence of the Higher Education Act of the Land Brandenburg (former version) is unconstitutional |
Volume 143
Decisions
| BVerfGE 143, 1-21 | Order of 20 September 2016 | 2 BvE 5/15 | The Article 10 Parliamentary Committee lacks legal ability to institute Organstreit proceedings |
| BVerfGE 143, 22-37 | Order of 20 September 2016 | 2 BvR 2453/15 | Appointment of judges to the supreme federal courts |
| BVerfGE 143, 38-64 | Order of 21 September 2016 | 2 BvL 1/15 | Criminal offence based on “blanket reference” to other statutory provisions is not compatible with the Basic Law (§ 10(1) and (3) of the Bovine Meat Labelling Act) |
| BVerfGE 143, 65-100 | Judgment of 13 October 2016 | 2 BvR 1368,1444, 1482, 1823/16, 2 BvE 3/16 | Comprehensive Economic and Trade Agreement between the European Union and its Member States, of the one part, and Canada, of the other part (CETA); here: rejection of applications for a preliminary injunction |
| BVerfGE 143, 101-160 | Order of 13 October 2016 | 2 BvE 2/15 | Limits of a parliamentary committee of inquiry’s right to collect evidence in the particular case of NSA selector lists (Bundestag Committee of Inquiry into NSA Activities) |
| BVerfGE 143, 161-215 | Order of 27 October 2016 | 1 BvR 458/10 | Protection of Good Friday as a silent public holiday under the Bavarian Public Holiday Act |
| BVerfGE 143, 216-245 | Order of 22 November 2016 | 1 BvL 6/14, 3, 4, 6/15 | Restricting legal recourse to injunctive relief proceedings for the purposes of promoting competition (§ 35(5) second and third sentences of the Telecommunications Act) |
| BVerfGE 143, 246-396 | Judgment of 6 December 2016 | 1 BvR 2821/11, 321, 1456/12 | Acceleration of the phase-out of the peaceful use of nuclear energy (2011 Thirteenth Amendment to the Nuclear Energy Act) |
Volume 142
Decisions
| Challenge to participating JusticeBVerfGE 142, 1-5 | Order of 1 March 2016 | 2 BvB 1/13 | Proceedings for the prohibition of the political party Nationaldemokratische Partei Deutschlands (NPD), challenge to composition of the judicial bench, challenge to participating Justice |
| BVerfGE 142, 5-9 | Order of 1 March 2016 | 2 BvB 1/13 | Proceedings for the prohibition of the political party Nationaldemokratische Partei Deutschlands (NPD), challenge to the composition of the judicial bench |
| BVerfGE 142, 9-17 | Order of 1 March 2016 | 2 BvB 1/13 | Proceedings for the prohibition of the political party Nationaldemokratische Partei Deutschlands (NPD), challenge to participating Justice |
| BVerfGE 142, 18-24 | Order of 1 March 2016 | 2 BvB 1/13 | Proceedings for the prohibition of the political party Nationaldemokratische Partei Deutschlands (NPD), challenge to participating Justice |
| BVerfGE 142, 25-74 | Judgment of 3 May 2016 | 2 BvE 4/14 | Parliamentary minority and opposition rights in the Bundestag |
| BVerfGE 142, 75-116 | Judgment of 31 May 2016 | 1 BvR 1585/13 | Freedom of the arts and copyright protection (“sampling”) |
| BVerfGE 142, 116-122 | Order of 7 June 2016 | 2 BvL 3/12, 2 BvL 4/12, 2 BvL 5/12, 2 BvL 6/12 | Orders of execution pursuant to § 35 of the Federal Constitutional Court Act, following BVerfGE 134, 64 |
| BVerfGE 142, 123-234 | Judgment of 21 June 2016 | 2 BvR 2728/13, 2 BvR 2729/13, 2 BvR 2730/13 inter alia | Outright Monetary Transactions (OMT) – following BVerfGE 134, 366 |
| BVerfGE 142, 234-268 | Order of 21 June 2016 | 2 BvR 637/09 | Approval Act to the Council of Europe Convention on Cybercrime |
| BVerfGE 142, 268-302 | Order of 29 June 2016 | 1 BvR 1015/15 | Principle under the Act on Combatting Rising Rental Costs of 21 April 2015 by which only the person who commissions the services of an estate agent in locating rental property or potential tenants is liable for the resulting fee |
| BVerfGE 142, 302-312 | Order of 19 July 2016 | 2 BvC 46/16 | Challenge to participating Justice |
| BVerfGE 142, 313-353 | Order of 26 July 2016 | 1 BvL 8/15 | Conditions for authorising coercive medical treatment of persons under custodianship who lack mental capacity |
| BVerfGE 142, 353-388 | Order of 27 July 2016 | 1 BvR 371/11 | Consideration of parental income and assets in assessing the basic benefits for job seekers who live as adults in a joint household with their parents (§ 20(1) second sentence of the Second Book of the Code of Social Law) |
Volume 141
Decisions
| BVerfGE 141, 1-44 | Order of 15 December 2015 | 2 BvL 1/12 | § 50d of the Income Tax Act in the version of 15 December 2003 is compatible with the Basic Law even though the content of the provision deviates from the Double Taxation Treaty in force at that time (“treaty override”); rank of international treaty provisions in the domestic legal order |
| BVerfGE 141, 44-56 | Order of 15 December 2015 | 2 BvL 1/12 | Dissenting opinion of Justice König |
| BVerfGE 141, 56-81 | Order of 16 December 2015 | 2 BvR 1958/13 | § 18 second sentence of the Federal Remuneration Act is compatible with the Basic Law; pooling of civil service positions by way of “one-pot budgeting” is permissible |
| BVerfGE 141, 82-120 | Order of 12 January 2016 | 1 BvL 6/13 | Prohibition of joint practice establishments under § 59a(1) first sentence of the Federal Lawyers’ Act is incompatible with Art. 12(1) of the Basic Law; here: prohibition of a professional partnership between lawyers and physicians or pharmacists for joint practice of their professions |
| BVerfGE 141, 121-143 | Order of 2 January 2016 | 1 BvR 3102/13 | Exclusion of legal entities from appointment as insolvency administrators is incompatible with the Basic Law |
| BVerfGE 141, 143-182 | Order of 17 February 2016 | 1 BvL 8/10 | Land legislation on the accreditation of study programmes is incompatible with Art. 5(3) in conjunction with Art. 20(3) of the Basic Law |
| BVerfGE 141, 182-186 | Order of 18 February 2016 | 2 BvE 6/15 | Application challenging the decision of the Bundestag on the deployment of German armed forces to prevent terrorist acts of the “Islamic State” is inadmissible |
| BVerfGE 141, 186-220 | Judgment of 19 April 2016 | 1 BvR 3309/13 | Constitutional law does not require that an “isolated” procedure to determine biological paternity (without legal consequences for the persons involved) be established |
| BVerfGE 141, 220-353 | Judgment of 20 April 2016 | 1 BvR 966/09, 1 BvR 1140/09 | Federal Criminal Police Office Act is in part unconstitutional |
| BVerfGE 141, 353-362 | Judgment of 20 April 2016 | 1 BvR 966/09, 1 BvR 1140/09 | Dissenting opinion of Justice Eichberger |
| BVerfGE 141, 362-378 | Judgment of 20 April 2016 | 1 BvR 966/09, 1 BvR 1140/09 | Dissenting opinion of Justice Schluckebier |
Volume 140
Decisions
| BVerfGE 140, 1-42 | Order of 15 July 2015 | 2 BvE 4/12 | Allocation of public funding to parliamentary groups, to the staffing budget of members of the Bundestag, and to foundations associated with political parties; inadmissible application in Organstreit proceedings |
| BVerfGE 140, 42-65 | Order of 15 July 2015 | 2 BvR 2292/13 | Constitutional complaints challenging only the reasons of a judgment but not the decision itself are generally not admissible |
| BVerfGE 140, 65-99 | Order of 21 July 2015 | 1 BvF 2/13 | Care Allowance Act is incompatible with Art. 72(2) of the Basic Law |
| BVerfGE 140, 99-114 | Order of 26 August 2015 | 2 BvF 1/15 | Suspension of a statutory provision by way of preliminary injunction; here: 2011 Census Act |
| BVerfGE 140, 115-160 | Judgment of 22 September 2015 | 2 BvE 1/11 | Exclusion of members of the Bundestag from participating in working groups of the mediation committee; principle that committees must reflect the composition of the parliamentary plenary is not applicable |
| BVerfGE 140, 160-211 | Judgment of 23 September 2015 | 2 BvE 6/11 | Scope of the constitutional requirement of a parliamentary decision regarding the deployment of armed forces in cases of danger requiring immediate action; here: it was not necessary to obtain prior parliamentary approval for the deployment of Bundeswehr forces to Libya |
| BVerfGE 140, 211-224 | Order of 6 October 2015 | 1 BvR 1571/15, 1 BvR 1582/15, 1 BvR 1588/15 | Unsuccessful application for a preliminary injunction suspending a statutory provision; here: Act on Uniformity of Collective Agreements |
| BVerfGE 140, 225-229 | Order of 7 November 2015 | 2 BvQ 39/15 | Right of a Federal Minister to issue statements in party-political discourse |
| BVerfGE 140, 229-240 | Order of 11 November 2015 | 1 BvR 2056/12 | Inadmissible constitutional complaint regarding the costs of a specific medical treatment not covered by statutory health insurance providers and regarding the regulatory powers of the Federal Joint Committee of statutory health insurance providers |
| BVerfGE 140, 240-316 | Order of 17 November 2015 | 2 BvL 19/09, 2 BvL 20/09, 2 BvL 5/13, 2 BvL 20/14 | “Category A” civil service remuneration schedules applicable during various periods of review in the Länder North Rhine-Westphalia, Saxony and Lower Saxony were constitutional |
| BVerfGE 140, 316-317 | Order of 2 Dezember 2015 | 2 BvB 1/13 | Decision to conduct a hearing on the application of the Bundesrat seeking to prohibit the political party Nationaldemokratische Partei Deutschlands (NPD) |
| BVerfGE 140, 317-376 | Order of 15 Dezember 2015 | 2 BvR 2735/14 | Federal Constitutional Court ensures fundamental rights protection by means of identity review of EU law; here: extradition to Italy on the basis of a European arrest warrant (Identity review I) |