Overview
- The Federal Constitutional Court nullified §5c of the Infection Protection Act, finding the Bundestag lacked competence and the rules unlawfully curtailed physicians’ professional freedom.
- The judgment, decided 6–2 and published on November 4, removes the nationwide framework, including the explicit ban on ex‑post triage.
- States must now draft legally robust, discrimination‑sensitive guidance, while the constitutional duty to protect people with disabilities remains in force.
- Fourteen intensive- and emergency‑care physicians, supported by the Marburger Bund, successfully challenged the 2022 provisions.
- Health Minister Nina Warken said the federal government will work with the Länder to determine next steps.