Overview
- The Federal Constitutional Court voided paragraph 5c of the Infection Protection Act, including the ban on ex‑post triage and procedures that mandated prioritization by short‑term survival probability.
- Two complaints by 14 intensive and emergency physicians, supported by the Marburger Bund, succeeded in a 6–2 decision that found no federal legislative competence and an unjustified interference with medical practice.
- With the federal rules invalid, the Länder now bear responsibility for any binding triage standards, creating a near‑term regulatory gap and potential variation across states.
- Health Minister Nina Warken said the government will closely review the ruling and consult the states on next steps, emphasizing the need for legally secure guidance for clinicians.
- The constitutional duty to prevent discrimination remains; patient advocates urge coordinated state action or even a Basic Law change to ensure uniform protections for people with disabilities.