Volume 19
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 19, 1-16 | Order of 28 April 1965 | 1 BvR 346/61 | New Apostolic Church’s exemption from court fees pursuant to § 8(1) no. 4 of the Prussian Court Costs Act |
| BVerfGE 19, 17-32 | Order of 5 May 1965 | 2 BvL 4/63 | Statutory authorisation to specify customs tariff by ordinance |
| BVerfGE 19, 32-38 | Order of 11 May 1965 | 2 BvR 242/63 | Denial of the right to be heard (applicant was unaware of the public prosecution office’s statement in proceedings to compel the public prosecution office to press charges) |
| BVerfGE 19, 38-49 | Order of 11 May 1965 | 2 BvR 259/63 | Referral to the Grand Senate of the Federal Fiscal Court |
| BVerfGE 19, 49-52 | Order of 11 May 1965 | 2 BvR 747/64 | Denial of the right to be heard in non-contentious proceedings (amendment of a decision to the respondent’s detriment) |
| BVerfGE 19, 52-64 | Order of 18 May 1965 | 2 BvR 40/60 | Right to one’s lawful judge; variable number of judges in a division of the Federal Fiscal Court |
| BVerfGE 19, 64-71 | Order of 25 May 1965 | 1 BvR 460/62, 1 BvR 388/63, 1 BvR 455/62 | Principle of equitable taxation in the delimitation of chargeable events (VAT for coffee wholesalers; production of coffee extract) |
| BVerfGE 19, 71-72 | Order of 25 May 1965 | 1 BvL 16/64 | Admissibility of a referral from a criminal court pursuant to Art. 100(1) of the Basic Law |
| BVerfGE 19, 73-75 | Order of 25 May 1965 | 1 BvR 154/64 | On the constitutional limits on freedom of expression being defined by court decisions finding a violation of the right to personal honour |
| BVerfGE 19, 76-87 | Order of 1 June 1965 | 2 BvR 616/63 | Former provisions on the dismissal and reassignment of married female civil servants |
| BVerfGE 19, 88-92 | Order of 16 June 1965 | 1 BvR 124/65 | No right to challenge the decisions of the committees established pursuant to § 93a(2) of the Federal Constitutional Court Act |
| BVerfGE 19, 93-101 | Order of 29 June 1965 | 1 BvR 289/62 | Constitutionality of compulsory curatorship |
| BVerfGE 19, 101-118 | Judgment of 13 July 1965 | 1 BvR 771/59, 1 BvR 234/61, 1 BvR 246/61 inter alia | Tax imposed on the branch offices of retail companies (§ 17(1) of the Trade Tax Act) violates the principle of equality |
| BVerfGE 19, 119-129 | Order of 24 September 1965 | 1 BvR 228/65 | Constitutionality of securities transfer tax when applied to already held assets and previously issued bonds |
| BVerfGE 19, 129-135 | Order of 4 October 1965 | 1 BvR 498/62 | Time limit for lodging constitutional complaints against judgments of the fiscal courts; religious communities as holders of the fundamental right under Art. 4 of the Basic Law; VAT on business activities related to the practice of religion; exemption from VAT only for religious communities under public law |
| BVerfGE 19, 135-138 | Order of 4 October 1965 | 1 BvR 112/63 | Requirement that conscientious objectors perform alternative service does not violate the fundamental right of freedom of conscience |
| BVerfGE 19, 138-142 | Order of 5 October 1965 | 2 BvL 13/64 | Admissibility of a referral pursuant to Art. 100(1) of the Basic Law; relevance to the referring court’s decision |
| BVerfGE 19, 142-144 | Order of 5 October 1965 | 2 BvR 84/65 | Violation of the right to be heard (judicial use of police findings without notifying the person concerned) |
| BVerfGE 19, 145-147 | Order of 5 October 1965 | 2 BvR 119/65 | Right to one’s lawful judge (excess number of judges assigned to a division of a Higher Regional Court) |
| BVerfGE 19, 148-149 | Order of 5 October 1965 | 2 BvR 285/65 | Decision on a violation of the right to be heard would not clarify a question of constitutional law |
| BVerfGE 19, 150-166 | Order of 3 November 1965 | 1 BvR 62/61 | Expiry of the Reich-related liabilities of associations of municipalities due to the General Act on the Consequences of War |
| BVerfGE 19, 166-177 | Order of 3 November 1965 | 2 BvR 246/62, 2 BvR 257/62, 2 BvR 110/63, 2 BvR 111/63 | Equalisation levies are not taxes on assets within the meaning of § 222(1) no. 3 of the Fiscal Code; correction of notices that impose equalisation levies |
| BVerfGE 19, 177-187 | Order of 16 November 1965 | 1 BvL 21/63 | Child’s surname following adoption by a woman |
| BVerfGE 19, 187-198 | Order of 16 November 1965 | 2 BvL 8/64 | Permissible retroactive effects of legislation (cancellation of the graduated tariff for private limited companies) |
| BVerfGE 19, 198-202 | Order of 16 November 1965 | 2 BvR 337/65 | Denial of the right to be heard when reviewing a prisoner’s conditional release from prison (judicial use of the prison’s assessment) |
| BVerfGE 19, 202-206 | Order of 1 December 1965 | 1 BvR 412/65, 1 BvR 524/65 | Non-inheritability of pension insurance entitlements that the insured person did not claim during their lifetime |
| BVerfGE 19, 206-226 | Judgment of 14 December 1965 | 1 BvR 413/60, 1 BvR 416/60 | Baden church building tax is unconstitutional; sovereign powers transferred to a religious community have no effect on persons who do not belong to any religious community |
| BVerfGE 19, 226-242 | Judgment of 14 December 1965 | 1 BvL 31/62, 1 BvL 32/62 | If employees are not members of a tax-entitled church, they cannot be obliged by state law to pay church tax for their spouse who is a church member, or to assume liability for their spouse’s church tax obligations |
| BVerfGE 19, 242-247 | Judgment of 14 December 1965 | 1 BvL 2/60 | Persons who do not belong to a tax-entitled religious community may not be held liable for the tax obligations of their spouses who do belong to such a religious community |
| BVerfGE 19, 248-253 | Judgment of 14 December 1965 | 1 BvR 586/58 | Church tax legislation with no basis in Land law may not be applied by state authorities (Bremen Act on the Imposition of Church Tax) |
| BVerfGE 19, 253-268 | Judgment of 14 December 1965 | 1 BvR 571/60 | On whether the general state recognition afforded to a religious community’s taxing rights at the time the Weimar Constitution came into effect constitutes a provision of Land law within the meaning of Art. 137(6) of the Weimar Constitution |
| BVerfGE 19, 268-282 | Judgment of 14 December 1965 | 1 BvR 606/60 | Principle of taxation based on income splitting in German church tax law is unconstitutional (church tax for married couples with different faiths assessed on the basis of the combined income of both spouses) |
| BVerfGE 19, 282-288 | Judgment of 14 December 1965 | 1 BvL 16/58, 1 BvL 3/59 | Church tax in Bavaria for married couples with different faiths; inadmissible referral from a court (ordinance) |
| BVerfGE 19, 288-289 | Order of 14 December 1965 | 1 BvR 329/63 | Tax assessment notices issued by church tax offices are acts of public authority within the meaning of § 90(1) of the Federal Constitutional Court Act |
| BVerfGE 19, 290-303 | Order of 4 November 1965 | 2 BvR 91/64, 2 BvR 271/64 | Reopening an entire tax case under § 222(1) no. 1 of the Fiscal Code is constitutional |
| BVerfGE 19, 303-323 | Order of 30 November 1965 | 2 BvR 54/62 | Trade union members who promote their trade union in the workplace during working hours in the run-up to staff council elections are protected by the fundamental right of the freedom to form labour coalitions |
| BVerfGE 19, 323-330 | Order of 8 December 1965 | 1 BvR 662/65 | Admission to appeal on points of law pursuant to the Code of Civil Procedure does not violate the Basic Law |
| BVerfGE 19, 330-342 | Order of 14 December 1965 | 1 BvL 14/60 | On whether proof of expertise as a requirement to enter into retail trade in goods of all kinds violates Art. 12(1) of the Basic Law |
| BVerfGE 19, 342-353 | Order of 15 December 1965 | 1 BvR 513/65 | Exemption from detention even in the case of an arrest warrant based on § 112(4) of the Code of Criminal Procedure |
| BVerfGE 19, 354-370 | Order of 11 January 1966 | 2 BvR 424/63 | On the application of Art. 80(1) of the Basic Law to the determination under the Equalisation of Burdens Act of the income to be offset against a war damage pension |
| BVerfGE 19, 370-376 | Order of 18 January 1966 | 2 BvL 21/64 | On the application of Art. 80(1) of the Basic Law to the rules governing the admission of legal representatives to appear before the authorities responsible for equalisation of burdens |
| BVerfGE 19, 377-393 | Order of 20 January 1966 | 1 BvR 140/62 | Decision-making powers of the Federal Constitutional Court in a constitutional complaint challenging a judgment of one of the supreme federal courts in a ‘Berlin case’ |
| BVerfGE 19, 394-399 | Order of 1 March 1966 | 1 BvR 509/65 | Taking the right to family life into account in a case involving the immediate deportation of a foreigner |
Volume 18
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 18, 1-18 | Judgment of 6 May 1964 | 1 BvR 320/57, 1 BvR 70/63 | Admissibility of a constitutional complaint against a tax provision that favours competitors (VAT Act) |
| BVerfGE 18, 18-34 | Judgment of 6 May 1964 | 1 BvR 79/62 | Willingness to strike is not a prerequisite for qualifying as a trade union |
| BVerfGE 18, 34-37 | Order of 11 May 1964 | 2 BvR 230/64 | Funding only for political parties represented in the Land parliament (Lower Saxony); denial of a request for a preliminary injunction |
| BVerfGE 18, 37-38 | Order of 12 May 1964 | 2 BvR 111/64, 2 BvR 143/64, 2 BvR 185/64 | Challenges to the participation of a Justice are to be decided by a committee formed in accordance with § 93a(2) of the Federal Constitutional Court Act |
| BVerfGE 18, 38-49 | Order of 27 May 1964 | 1 BvL 4/59 | Legislator’s obligation to respect the principle of equality when including certain groups (ship crews) in the social security system |
| BVerfGE 18, 49-52 | Order of 27 May 1964 | 2 BvR 670/63 | Denial of the right to be heard (determination of a flat-rate fee in accordance with § 99 of the Federal Code of Lawyers’ Fees) |
| BVerfGE 18, 52-65 | Order of 2 June 1964 | 2 BvL 23/62 | Invalidity of an authorisation to issue ordinances governing the scope of the tax base (Transport Funding Act 1955) |
| BVerfGE 18, 65-70 | Order of 2 June 1964 | 2 BvR 498/62 | Violation of Art. 101(1) second sentence of the Basic Law (excess number of judges assigned to a grand criminal division) |
| BVerfGE 18, 70-84 | Order of 9 June 1964 | 2 BvL 9/62 | On the retroactive effect of laws (change to the limitation period on claims for reimbursement of lost building cost subsidies) |
| BVerfGE 18, 84-85 | Order of 9 June 1964 | 2 BvC 1/64 | Rejection of an electoral complaint |
| BVerfGE 18, 85-97 | Order of 10 June 1964 | 1 BvR 37/63 | Limits of the Federal Constitutional Court’s jurisdiction to review court decisions (inspection of files pursuant to § 24 of the Patent Act); complaint alleging a violation of the right to be heard may not be raised after the deadline for lodging a constitutional complaint |
| BVerfGE 18, 97-112 | Order of 30 June 1964 | 1 BvL 16/62, 1 BvL 17/62, 1 BvL 18/62 inter alia | Joint assessment of parents and children under the Income Tax Act is declared void |
| BVerfGE 18, 112-121 | Order of 30 June 1964 | 1 BvR 93/64 | No ban on extradition for offences punishable by death in the requesting state |
| BVerfGE 18, 121-133 | Order of 1 July 1964 | 1 BvR 375/62 | Constitutionality of state privilege (§ 32 of the Tenant Protection Act) |
| BVerfGE 18, 133-135 | Order of 1 July 1964 | 2 BvR 543/63 | On § 34(3) of the Federal Constitutional Court Act |
| BVerfGE 18, 135-146 | Order of 7 July 1964 | 2 BvL 22/63, 2 BvL 23/63 | Amendment of tax law for future assessments does not have impermissible retroactive effects (amendment of § 7b of the Income Tax Act); legislator may frustrate legitimate expectations of the continuation of a legal situation if it has cogent reasons for doing so |
| BVerfGE 18, 146-147 | Order of 14 July 1964 | 1 BvR 352/64 | Use of diary-like notes and unsent private letters as a violation of Art. 1(1) and Art. 2(1) of the Basic Law (preliminary injunction) |
| BVerfGE 18, 147-151 | Order of 21 July 1964 | 2 BvR 223/64 | Denial of the right to be heard (civil defendant has no obligation to search for plaintiff’s written submissions in criminal files) |
| BVerfGE 18, 151-155 | Order of 27 July 1964 | 2 BvR 230/64 | Funding of political parties from the budget; rejection of an application for a preliminary injunction to postpone Land parliamentary elections; see also no. 3 |
| BVerfGE 18, 155-157 | Order of 28 July 1964 | 2 BvR 201/64 | Denial of the right to be heard (appeal rejected before the criminal judgment challenged in the appeal was served) |
| BVerfGE 18, 157-159 | Order of 4 August 1964 | 2 BvR 446/64 | Cooperation between a municipality and a special-purpose school association to form a joint school authority; denial of an application for a preliminary injunction |
| BVerfGE 18, 159-172 | Order of 13 October 1964 | 2 BvL 15/62 | Limits of framework legislation (Federal Civil Servants’ Remuneration Act); grade within a Land remuneration system as a proper remuneration grade |
| BVerfGE 18, 172-186 | Order of 27 October 1964 | 2 BvR 319/61 | Restricting the right of salaried officials who are elected for a specific term of office to stand for election to the (Lower Saxony) Land parliament and to the Bundestag |
| BVerfGE 18, 186-192 | Order of 10 November 1964 | 1 BvL 12/60, 1 BvL 9/61 | Requirement that courts precisely ascertain the facts of the case before making a referral pursuant to Art. 100(1) of the Basic Law (jukeboxes – entertainment tax) |
| BVerfGE 18, 192-195 | Order of 10 November 1964 | 1 BvR 197/63 | Start of limitation period for lodging a constitutional complaint when a judgment is served ex officio |
| BVerfGE 18, 196-203 | Order of 10 November 1964 | 1 BvR 314/63, 1 BvR 362/63 | Claims arising from § 16 of the Federal Act for the Compensation of the Victims of National Socialist Persecution do not constitute property |
| BVerfGE 18, 203-215 | Order of 10 November 1964 | 2 BvL 14/61 | Compatibility of the procedure under § 74(5) of the Federal Lawyers’ Act (reprimand procedure) with Art. 19(4) first sentence of the Basic Law |
| BVerfGE 18, 216-223 | Order of 10 November 1964 | 2 BvL 1/64, 2 BvL 2/64 | § 44 of the Patent Attorneys’ Act (disciplinary court proceedings against patent attorneys) is pre-constitutional law |
| BVerfGE 18, 224-241 | Order of 11 November 1964 | 1 BvR 488/62, 1 BvR 562/63, 1 BvR 216/64 | Reserves for covering pension commitments to a majority shareholder/manager; tax liability of the persons behind a corporation |
| BVerfGE 18, 241-257 | Order of 24 November 1964 | 2 BvL 19/63 | Requirements for the composition of disciplinary tribunals run by professional associations (Rhineland Palatinate professional disciplinary tribunals for doctors, dentists, etc.) |
| BVerfGE 18, 257-274 | Order of 26 November 1964 | 1 BvL 14/62 | On employees who are married to their employer being excluded from compulsory health and pension insurance for employees |
| BVerfGE 18, 274-287 | Order of 17 December 1964 | 1 BvL 2/62 | Referral inadmissible due to manifestly untenable interpretation of ordinary law (North Rhine-Westphalia Reconstruction Act) |
| BVerfGE 18, 288-302 | Order of 12 January 1965 | 2 BvR 454/62, 2 BvR 470/62 | Principle of equality violated by differences in compensation granted to university graduates who were dismissed from public service during their traineeship as opposed to university graduates who were refused entry into public service in the first place |
| BVerfGE 18, 302-304 | Order of 19 January 1965 | 2 BvL 8/62 | On whether § 465(1) first sentence of the Code of Criminal Procedure is compatible with the Basic Law |
| BVerfGE 18, 305-309 | Order of 19 January 1965 | 2 BvL 6/64 | On whether Art. 18 no. 2 of the Land Hunting Act of Lower Saxony is compatible with the Federal Hunting Act |
| BVerfGE 18, 310-315 | Order of 26 January 1965 | 1 BvR 314/64 | Postal service user is not directly affected by § 13(1) and § 59(2) of the Postal Services Code |
| BVerfGE 18, 315-344 | Order of 27 January 1965 | 1 BvR 213/58, 1 BvR 715/58, 1 BvR 66/60 | On the constitutionality of market regulations (Milk and Fat Act); compensatory levy as a permissible economic steering mechanism; non-occurrence of a prognosis made by the legislator |
| BVerfGE 18, 344-352 | Order of 3 February 1965 | 2 BvR 166/64 | Panel composition in a civil or criminal division with four professional associate judges; principles by which individual judges are selected for a panel |
| BVerfGE 18, 353-366 | Order of 16 February 1965 | 1 BvL 15/62 | Constitutionality of provisions on trade between West and East Germany (inter-zonal trade) |
| BVerfGE 18, 366-380 | Order of 16 February 1965 | 1 BvL 20/64 | Exclusion of persons employed by their parents from the unemployment insurance scheme |
| BVerfGE 18, 380-385 | Order of 16 February 1965 | 2 BvR 114/60 | Violation of the right to be heard by failing to consider a submission that was filed late due to incorrect calculation of time limit |
| BVerfGE 18, 385-388 | Order of 17 February 1965 | 1 BvR 732/64 | Public authority within the meaning of § 90(1) of the Federal Constitutional Court Act does not extend to purely internal church measures |
| BVerfGE 18, 389-391 | Order of 23 February 1965 | 2 BvL 19/62 | Authorisation of a federal minister to publish an amended law permits only a declaratory clarification of the legislative text; this publication is not subject to judicial review |
| BVerfGE 18, 392-398 | Order of 3 March 1965 | 1 BvR 208/59 | Power granted to public authorities to certify documents under Art. 12 § 2 of the Prussian Act of Implementation of the Civil Code does not constitute an individual public right |
| BVerfGE 18, 399-407 | Order of 9 March 1965 | 2 BvR 176/63 | Violation of the right to be heard by refusing to grant access to the files in complaint proceedings against a court-ordered seizure and by reaching a decision prior to receiving an anticipated request for access to the files |
| BVerfGE 18, 407-419 | Order of 23 March 1965 | 2 BvN 1/62 | Ordinances issued by Land entities on the basis of federal statutory authorisation constitute Land law |
| BVerfGE 18, 419-423 | Order of 24 March 1965 | 1 BvR 258/62 | Right to be heard in proceedings pursuant to § 42f of the Criminal Code |
| BVerfGE 18, 423-428 | Order of 30 March 1965 | 2 BvR 341/60 | Right to one’s lawful judge; appointing a yet-to-be-appointed director of a Regional Court as presiding judge of a criminal division; deputising for this presiding judge; withdrawal of an indictment from a court of lay assessors and renewed indictment before a grand criminal division |
| BVerfGE 18, 429-440 | Order of 31 March 1965 | 2 BvL 17/63 | Retroactive amendment of a law that corrects the jurisprudence of the courts with regard to past events |
| BVerfGE 18, 440-441 | Order of 6 April 1965 | 2 BvR 141/65 | Decisions of committees pursuant to § 93a of the Federal Constitutional Court Act may not be challenged by constitutional complaint |
| BVerfGE 18, 441-452 | Order of 7 April 1965 | 2 BvR 227/64 | Complaint of a violation of the right to one’s lawful judge by foreign legal entities; failure to make a referral pursuant to Art. 100(2) of the Basic Law; requiring a stock corporation under Swiss law to pay a mortgage levy; flexible and mandatory customary international law |
Volume 17
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 17, 1-38 | Order of 24 July 1963 | 1 BvL 11/61, 1 BvL 30/57 | On whether the fact that § 43 of the Employee Insurance Act (new version) imposes stricter requirements for a widower’s pension than for a widow’s pension is compatible with Art. 3(2) and (3) of the Basic Law; stricter requirements for obtaining an orphan’s pension and for child allowance under § 44 of the Employee Insurance Act (new version) and § 1262(5) of the Reich Insurance Code are unconstitutional |
| BVerfGE 17, 38-62 | Judgment of 24 July 1963 | 1 BvL 101/58 | Stricter requirements for a widower’s pension under § 43 of the Federal War Victims’ Pension Act (old version) are unconstitutional in part; stricter requirements for obtaining an orphan’s pension for the children of married women under § 45(5) first sentence of the Federal War Victims’ Pension Act (old version) are unconstitutional |
| BVerfGE 17, 62-67 | Order of 24 July 1963 | 1 BvL 10/63 | On whether the fact that § 43 first sentence of the Federal War Victims’ Pension Act (new version) imposes stricter requirements for a widower’s pension than for a widow’s pension is compatible with Art. 3(2) and (3) of the Basic Law; stricter requirements for obtaining an orphan’s pension for the children of married women under § 45(1) second half-sentence of the Federal War Victims’ Pension Act (new version) are unconstitutional |
| BVerfGE 17, 67-86 | Order of 24 July 1963 | 1 BvR 425/58, 1 BvR 786/58, 1 BvR 787/58 | On cases in which the one-year deadline for filing a constitutional complaint expires on a Sunday; citizens are not directly affected by Art. 135a of the Basic Law; damage suffered by wartime ‘resettlers’ is dealt with exclusively by the Equalisation of Burdens Act |
| BVerfGE 17, 86-99 | Judgment of 24 July 1963 | 1 BvR 103/60 | Continuation of a constitutional complaint by heirs; commencement of the time limit for lodging a constitutional complaint in the event of an inadmissible appeal; on whether a wife’s household work and collaboration in married couple’s joint commercial enterprise qualifies as maintenance of her husband within the meaning of § 43 of the Federal War Victims’ Pension Act (old version); right to be heard when a medical report is used in judicial proceedings |
| BVerfGE 17, 99-108 | Order of 25 July 1963 | 1 BvR 79/57 | § 1758(1) second sentence of the Civil Code (old version) is compatible with Art. 3(2) and (3) of the Basic Law in cases of divorce before the Basic Law came into effect |
| BVerfGE 17, 108-120 | Order of 25 July 1963 | 1 BvR 542/62 | Electroencephalography (EEG) and pneumoencephalography on the basis of § 81a of the Code of Criminal Procedure; significance of the prohibition of excessive measures for the design of criminal proceedings |
| BVerfGE 17, 120-122 | Order of 1 October 1963 | 1 BvR 415/63 | No preliminary injunction if the desired objective can be achieved via recourse to the ordinary courts |
| BVerfGE 17, 122-135 | Order of 8 October 1963 | 2 BvR 108/62 | Permissibility of statutory differentiation (Art. 3 of the Basic Law) depends on the specific circumstances to be regulated (compensation for public service employees) |
| BVerfGE 17, 135-139 | Order of 15 October 1963 | 1 BvL 29/56 | Requirement that courts precisely ascertain the facts of the case before making a referral pursuant to Art. 100(1) of the Basic Law |
| BVerfGE 17, 139-145 | Order of 15 October 1963 | 2 BvR 563/62 | Right to be heard in proceedings pursuant to § 42f of the Criminal Code |
| BVerfGE 17, 145-147 | Order of 15 October 1963 | 2 BvR 353/63 | Burden resulting from the continuation of disciplinary proceedings against a judge does not constitute a severe disadvantage within the meaning of § 32(1) of the Federal Constitutional Court Act |
| BVerfGE 17, 148-155 | Order of 29 October 1963 | 1 BvL 15/58 | § 32(4) no. 6 of the 1956 Federal War Victims’ Pension Act is unconstitutional (no compensation pension for illegitimate children conceived after recognition of a parent’s service-related injury) |
| BVerfGE 17, 155-168 | Order of 30 October 1963 | 2 BvL 7/61, 2 BvL 2/63, 2 BvL 9/63 | Political parties are not organisations within the meaning of § 129 of the Criminal Code (interpretation in conformity with the Constitution) |
| BVerfGE 17, 168-172 | Order of 26 November 1963 | 1 BvR 59/60 | Requirement in § 1355 first sentence of the Civil Code obliging married couples to use same surname does not violate the Basic Law |
| BVerfGE 17, 172-188 | Order of 26 November 1963 | 2 BvL 12/62 | Admissibility of a referral to the Federal Constitutional Court after prior referral to a Land constitutional court; obligation of municipalities to take on former Land employees when taking on tasks performed by them |
| BVerfGE 17, 188-190 | Order of 26 November 1963 | 2 BvR 677/62 | Violation of the right to be heard (imposition of the costs of a private prosecution in complaint proceedings prior to the defendant being notified of the reasons for the complaint; § 308(1) of the Code of Criminal Procedure) |
| BVerfGE 17, 191-193 | Order of 26 November 1963 | 2 BvR 301/63 | Violation of the right to be heard (Bundeswehr disciplinary and complaints court rendered decision on disciplinary sanctions without waiting to hear the reasons for the complaint) |
| BVerfGE 17, 194-197 | Order of 10 December 1963 | 2 BvR 647/62 | Violation of the right to be heard (decision based on submission not made available to the plaintiff in private prosecution proceedings) |
| BVerfGE 17, 197-199 | Order of 18 December 1963 | 2 BvR 253/63 | Violation of the right to be heard (main proceedings opened by the appellate court without notifying the accused of a complaint submitted by a joint plaintiff; § 308(1) of the Code of Criminal Procedure) |
| BVerfGE 17, 199-207 | Order of 4 February 1964 | 1 BvR 463/62 | § 3a of the Name Changing Act is not unconstitutional insofar as it excludes persons originally from Austria |
| BVerfGE 17, 208-210 | Order of 4 February 1964 | 2 BvL 26/63 | Inadmissibility of a referral pursuant to Art. 100(1) of the Basic Law (referral did not concern a statute) |
| BVerfGE 17, 210-224 | Order of 12 February 1964 | 1 BvL 12/62 | Applicability of Art. 3(1) and Art. 6(1) of the Basic Law to benefits provided voluntarily by the state (maximum amount of the home building premium for a married couple) |
| BVerfGE 17, 224-231 | Order of 12 February 1964 | 1 BvR 253/63 | On the term ‘expellee of German ethnic origin’ |
| BVerfGE 17, 232-252 | Order of 13 February 1964 | 1 BvL 17/61, 1 BvR 494/60, 1 BvR 128/61 | On whether the ban on operating multiple pharmacies is compatible with Art. 12(1) of the Basic Law; on the permissibility of restricting proprietary powers under Art. 13(3) of the Basic Law by exercising supervision over pharmacies |
| BVerfGE 17, 252-262 | Order of 25 February 1964 | 2 BvR 411/61 | On whether an allocation of cases that leads to a judge’s de facto exclusion from judicial activity constitutes a violation of Art.97(2) first sentence of the Basic Law |
| BVerfGE 17, 262-265 | Order of 25 February 1964 | 2 BvR 215/63 | Violation of the right to be heard (appellate court reversed an order to terminate proceedings without notifying the accused of the submitted complaint; § 308(1) of the Code of Criminal Procedure) |
| BVerfGE 17, 265-269 | Order of 25 February 1964 | 2 BvR 363/63 | Violation of the right to be heard (violation of § 91a(2) second sentence of the Code of Civil Procedure) |
| BVerfGE 17, 269-280 | Judgment of 4 March 1964 | 1 BvR 371/61, 1 BvR 373/61 | Ban on sales prospecting of veterinary medicinal products at agricultural and forestry business sites as a violation of Art. 12(1) of the Basic Law |
| BVerfGE 17, 280-286 | Order of 11 March 1964 | 1 BvL 4/63 | Constitutionality of extending maintenance claims of illegitimate children to the ages of 17 and 18 |
| BVerfGE 17, 287-294 | Order of 17 March 1964 | 2 BvO 1/60 | No continued applicability of § 14(4) of the Midwives’ Act as federal law; interpretation of Art. 74 no.19 of the Basic Law |
| BVerfGE 17, 294-302 | Order of 24 March 1964 | 2 BvR 42/63, 2 BvR 83/63, 2 BvR 89/63 | The term ‘lawful judge’ in Art. 101(1) second sentence of the Basic Law also refers to the judge called upon to decide the individual case |
| BVerfGE 17, 302-306 | Order of 7 April 1964 | 1 BvR 350/62 | Impact of freedom of faith on the concept of serious marital misconduct |
| BVerfGE 17, 306-319 | Order of 7 April 1964 | 1 BvL 12/63 | Requirements for designing legislation in accordance with the rule of law; car sharing agency |
| BVerfGE 17, 319-336 | Order of 14 April 1964 | 2 BvR 69/62 | Constitutionality of a special provision in the Bavarian legislation on staff representation for riot police |
| BVerfGE 17, 337-355 | Order of 21 April 1964 | 2 BvR 203/62, 2 BvR 206/62, 2 BvR 219/62, 2 BvR 221/62 | Offsetting portion of non-civil service pension against a civil service pension is constitutional (§ 115 of the Act on Federal Civil Servants) |
| BVerfGE 17, 356-364 | Order of 22 April 1964 | 2 BvR 190/62 | Violation of the right to be heard by failing to hear the accused in proceedings to compel the public prosecution office to press charges (§§ 172 ff. of the Code of Criminal Procedure) |
| BVerfGE 17, 364-371 | Order of 5 May 1964 | 1 BvR 365/60 | Publication of the wording of an amended ordinance (for purely declaratory purposes) does not restart the time period under § 93(2) of the Federal Constitutional Court Act; legislator’s reaffirmation of an ordinance does not trigger a new time period for lodging a complaint |
| BVerfGE 17, 371-381 | Order of 5 May 1964 | 1 BvL 8/62 | Constitutionality of restricting the number of notary positions based on the requirements of the administration of justice |
| BVerfGE 17, 381-389 | Order of 5 May 1964 | 1 BvR 416/61, 1 BvR 106/62 | Constitutionality of retaining different forms of notary within a Land |
Volume 16
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 16, 1-3 | Order of 26 March 1963 | 1 BvR 451/62 | Complainants must lodge an admissible and not manifestly futile complaint against a decision denying leave to appeal (§ 132(3) of the Code of Administrative Court Procedure) in order to exhaust all legal remedies (§ 90(2) of the Federal Constitutional Court Act) |
| BVerfGE 16, 4-6 | Order of 2 April 1963 | 2 BvC 2/62 | If a political party is declared unconstitutional in proceedings pursuant to Art. 21(2) of the Basic Law, the privilege under this provision is exhausted for any subsequently formed substitute organisation |
| BVerfGE 16, 6-25 | Order of 2 April 1963 | 2 BvL 22/60 | Legislator’s will to promulgate legislation is irrevocably expressed when Law Gazette is ‘issued’; at this moment (Art. 122, 123 of the Basic Law) the law is ‘promulgated’; Länder are not obliged to regulate the areas for which they have legislative power in a uniform manner (Art. 3 of the Basic Law); § 8 second sentence of the Notaries Code for Rhineland Palatinate of 3 September 1949 was compatible with the Basic Law |
| BVerfGE 16, 25-27 | Order of 23 April 1963 | 1 BvR 530/62 | A taxpaying businessman is not affected by a competitor’s tax assessment to the extent that he can lodge a constitutional complaint (§ 90 of the Federal Constitutional Court Act; Art. 3(1) of the Basic Law) |
| BVerfGE 16, 27-64 | Order of 30 April 1963 | 2 BvM 1/62 | A rule of international law that excludes domestic jurisdiction for actions against a foreign state’s non-sovereign activities is not part of German federal law (Art. 25 of the Basic Law); the decisive factor in distinguishing between sovereign and non-sovereign state activity is the nature of the state action; distinction must always be made in accordance with national law |
| BVerfGE 16, 64-79 | Order of 7 May 1963 | 2 BvL 8/61, 2 BvL 10/61 | Art. 70(1) of the Basic Law articulates a key rule of the federal Constitution that applies to every type of legislation, including tax law; the Länder are thus permitted to devise and introduce taxes that are not assigned to the exclusive or concurrent legislative competence of the Federation under Art. 105 of the Basic Law (Resident Tax Act of 4 September 1951; Art. 30 and Art. 70 in conjunction with Art. 105 of the Basic Law) |
| BVerfGE 16, 80-82 | Order of 7 May 1963 | 1 BvL 33/62 | Referral is inadmissible because the referring court’s decision does not depend on the validity of the law it considers to be unconstitutional; immutability of the matrimonial property regime (Art. 15(2) of the Introductory Act to the Civil Code) |
| BVerfGE 16, 82-89 | Order of 7 May 1963 | 2 BvL 8/63 | The consequences of a provision are not an admissible subject matter for a referral to the Federal Constitutional Court if the referring court regards the provision to be only potentially unconstitutional; does an error by the legislator render a law unconstitutional? (§ 80(2) and § 86(2) of the Federal Constitutional Court Act); if a disagreement is limited to the question of the applicability of a law, proceedings pursuant to Art. 126 of the Basic Law and § 86(2) of the Federal Constitutional Court Act are not an option |
| BVerfGE 16, 89-94 | Order of 7 May 1963 | 2 BvR 141/60 | Federal Constitutional Court cannot rule on whether the refusal to destroy identification documents violates one of the complainant’s fundamental rights until all legal remedies available through the administrative courts have been exhausted (§ 81b of the Code of Criminal Procedure; § 90 of the Federal Constitutional Court Act; Decisions of the Federal Administrative Court 2, 302 on the one hand, 11, 181 f.on the other) |
| BVerfGE 16, 94-118 | Order of 7 May 1963 | 2 BvR 481/60 | The fact that § 53 of the Article 131 Act (in the version of 1 September 1953) entirely annuls a career soldier’s pension rights that were lawfully established prior to the 1945 collapse violates Art. 14 of the Basic Law |
| BVerfGE 16, 119-124 | Order of 14 May 1963 | 2 BvR 516/62 | On the duty to provide notification under Art. 104(4) of the Basic Law; recognised legal interest in bringing an action after an arrest warrant has been suspended (§ 90 of the Federal Constitutional Court Act); on declarations pursuant to § 95(1) first sentence of the Federal Constitutional Court Act in cases where violation does not affect the substantive content of the challenged decision |
| BVerfGE 16, 124-128 | Order of 15 May 1963 | 2 BvR 106/63 | All remedies have not been exhausted if the reason a procedural deficit in the appeal process could not be reviewed was that the complainant failed to raise an objection or failed to do so in the proper form (§ 90(2) first sentence of the Federal Constitutional Court Act) |
| BVerfGE 16, 128-130 | Order of 15 May 1963 | 2 BvR 194/63 | Constitutional complaint dismissed as manifestly inadmissible because decisions and measures that directly relate to the electoral process may only be challenged by means of the legal remedies set forth in electoral legislation and by way of electoral scrutiny proceedings (§ 90 of the Federal Constitutional Court Act; § 48 second sentence of the Lower Saxony Elections Act as amended on 30 January 1963; § 50 of the Federal Elections Act) |
| BVerfGE 16, 130-144 | Order of 22 May 1963 | 2 BvC 3/62 | Federal legislator is required to change the division of electoral constituencies during the current legislative period (principle of equal suffrage; § 3(3) second sentence in conjunction with § 2(2) of the Federal Elections Act as amended on 23 December 1956) |
| BVerfGE 16, 145-146 | Order of 22 May 1963 | 2 BvC 5/62 | Parallel proceedings to no. 14 |
| BVerfGE 16, 147-188 | Judgment of 22 May 1963 | 1 BvR 78/56 | Special taxation of long-distance own-account transport on the basis of the Transport Funding Act 1955 is not presently unconstitutional (Arts. 3, 12 of the Basic Law); using tax law to steer economic policy does not constitute an abuse of the legislative format |
| BVerfGE 16, 188-190 | Order of 28 May 1963 | 2 BvL 5/63 | If a court refers a law to the Federal Constitutional Court on the basis of mere doubts, the referral must be dismissed as inadmissible (Art. 100(1) of the Basic Law) |
| BVerfGE 16, 190-191 | Order of 28 May 1963 | 1 BvR 41/63 | On the lodging of constitutional complaints by third parties (§ 90 in conjunction with §§ 23, 22 of the Federal Constitutional Court Act) |
| BVerfGE 16, 191-194 | Order of 29 May 1963 | 2 BvR 161/63 | § 142 of the Criminal Code is compatible with the Basic Law |
| BVerfGE 16, 194-203 | Order of 10 June 1963 | 1 BvR 790/58 | In proceedings concerning a petty offence, the taking of a cerebrospinal fluid sample against the will of the accused (§ 81a of the Code of Criminal Procedure) is not justified (Art. 2(2) of the Basic Law; prohibition of excessive measures) |
| BVerfGE 16, 203-211 | Order of 10 June 1963 | 1 BvR 345/61 | § 1(3) no.1 of the Real Property Transfer Tax Act of 29 March 1940 is void insofar as it equates consolidating a company’s shares in the hands of the sole shareholder with consolidation ‘in the hands of the purchaser and his spouse or children’ (Art. 6(1) of the Basic Law; § 6 of the Tax Adjustment Act) |
| BVerfGE 16, 211-213 | Order of 11 June 1963 | 2 BvR 394/62 | Decision reversed and remanded because the possibility cannot be ruled out that the conviction was based on a provision that had been declared void (Art. 103(2) and Art. 104(1) first sentence of the Basic Law; § 49 of the Road Traffic Regulations) |
| BVerfGE 16, 214-220 | Order of 11 June 1963 | 1 BvR 156/63 | If a court wishes to exclude a lawyer who has been named as a witness from acting as defence counsel, it must weigh up the circumstances of the specific case (Art. 12(1) of the Basic Law) |
| BVerfGE 16, 220-229 | Order of 24 June 1963 | 2 BvQ 1/63 | Rejection of an application by AKU shareholders for a preliminary injunction suspending the promulgation of a law on the German-Dutch Financial Treaty and suspending the ratification of the Supplementary Agreement or the exchange of the instruments of ratification pending a decision on a constitutional complaint |
| BVerfGE 16, 230-231 | Order of 27 June 1963 | 2 BvL 12/63 | Referral seeking the review of § 2 of the Ordinance to Combat Bribery and Disclosure of Secrets by Non-Civil Servants in the version of 22 May 1943 is inadmissible because the ordinance was promulgated before the Basic Law came into force (Art. 100(1) of the Basic Law) |
| BVerfGE 16, 231-236 | Order of 27 June 1963 | 2 BvR 687/62 | § 27(4) of the Prisoners of War Compensation Act in the version of 8 December 1956 violates Art. 3(1) of the Basic Law insofar as it rules out the reimbursement of costs for appointing an authorised representative in complaint proceedings |
| BVerfGE 16, 236-239 | Order of 2 July 1963 | 1 BvQ 1/62 | Preliminary review committees pursuant to § 91a of the Federal Constitutional Court Act may also review stand-alone applications for preliminary injunction (§ 32 of the Federal Constitutional Court Act) |
| BVerfGE 16, 239-241 | Order of 2 July 1963 | 1 BvR 947/58 | Court order instructing bailiff to carry out compulsory enforcement in accordance with Book 8 of the Code of Civil Procedure covers measures that normally occur in the course of such enforcement, including a search of the debtor’s home (separation of powers, Art. 13 of the Basic Law; § 758 of the Code of Civil Procedure) |
| BVerfGE 16, 241-243 | Order of 8 July 1963 | 1 BvR 319/60 | Income tax assessment and subsequent decisions annulled due to a violation of Art. 6(1) of the Basic Law (following BVerfGE 13, 290 and 318) |
| BVerfGE 16, 243-246 | Order of 8 July 1963 | 1 BvR 54/61 | Parallel decision to no. 29 [BVerfGE 16, 241-243] |
| BVerfGE 16, 246-253 | Order of 9 July 1963 | 1 BvL 15/60 | § 6a(2) first sentence first alternative of the Road Traffic Act in the version of 16 July 1957 is compatible with the Basic Law if interpreted in conformity with the Constitution (Art. 3(1) of the Basic Law) |
| BVerfGE 16, 254-276 | Order of 9 July 1963 | 2 BvL 5/61, 2 BvL 6/61 | Applying § 7 of the Article 131 Act to pension arrangements that stemmed from a civil servant relationship established under Nazi rule is unobjectionable under constitutional law (Hesse Harmonisation Acts of 18 March 1952 and 10 November 1954) |
| BVerfGE 16, 276-283 | Order of 9 July 1963 | 2 BvM 1/63 | Referral pursuant to Art. 100(2) of the Basic Law is inadmissible because the order of referral fails to indicate with the clarity required by §§ 84, 80(2) of the Federal Constitutional Court Act the extent to which the referring court’s decision depends on whether a general rule of international law is an integral part of federal law (imposition of a mortgage levy on foreign nationals) |
| BVerfGE 16, 283-286 | Order of 15 July 1963 | 2 BvR 6/63 | Decision issued in value assessment proceedings reversed and remanded (§ 74a(5) of the Act on Enforced Auction and Receivership) because expert opinion obtained by the court on the value of the complainant’s properties was not shared with the complainant (Art. 103(1) of the Basic Law); the fact that the Regional Court’s decision valued several properties lower than the Local Court, in agreement with the undisclosed expert opinion, constitutes a grievance (§ 63(1) of the Act on Enforced Auction and Receivership) |
| BVerfGE 16, 286-304 | Order of 23 July 1963 | 1 BvL 1/61, 1 BvL 4/61 | § 368a(8) first sentence of the Reich Insurance Code is compatible with Art. 12(1) of the Basic Law insofar as it restricts the involvement of senior physicians to cases of necessity; this restriction is also justifiable from the viewpoint of the insured person’s right to freely choose their doctor (Art. 2(1) of the Basic Law, social state principle) |
| BVerfGE 16, 305-306 | Order of 23 July 1963 | 1 BvL 6/61 | A Higher Social Court may only decide to refer a matter to the Federal Constitutional Court under Art. 100(1) of the Basic Law when sitting as a full bench (consisting of both professional and lay judges) (§ 33 of the Social Courts Act) |
| BVerfGE 16, 306-329 | Order of 23 July 1963 | 2 BvL 11/61 | § 2(1)(b) in conjunction with § 2(2)(b) of the Hesse Act on Beverage and Ice Cream Tax of 6 December 1951 violates Art. 105(2) no. 1 in conjunction with Art. 72(1) of the Basic Law due to its similarity with federal value added tax |
| BVerfGE 16, 329-332 | Order of 23 July 1963 | 2 BvO 1/63 | If a disagreement is confined to the question of whether a pre-constitutional law continues to apply per se, proceedings pursuant to Art. 126 of the Basic Law in conjunction with § 86(2) of the Federal Constitutional Court Act are ruled out (§ 14(3) of the Coinage Act of 30 August 1924) |
| BVerfGE 16, 332-343 | Order of 23 July 1963 | 1 BvR 265/62 | Ordinance-issuing authority was not obliged to increase the pensions under § 93 of the Federal Compensation Act at the same time as the pensions under § 81 of the Federal Compensation Act (Art. 3(1) of the Basic Law; § 25(3) of the Federal Constitutional Court Act) |
| BVerfGE 16, 343-348 | Judgment of 24 July 1963 | 1 BvL 23/58, 1 BvL 24/58 | A referral is inadmissible if it concerns a pre-constitutional provision that was replaced by the legislator after the introduction of the Basic Law by a newly enacted provision with the same content (Art. 100(1) of the Basic Law; § 28(3) of the Employee Insurance Act (old version) and § 41 of the Employee Insurance Act (new version), § 1256 of the Reich Insurance Code (old version) and § 1264 of the Reich Insurance Code (new version)) |
Volume 15
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 15, 1-25 | Order of 30 October 1962 | 2 BvF 2/60, 2 BvF 1/61, 2 BvF 2/61, 2 BvF 3/61 | Federation’s legislative competence for ‘sea routes and inland waterways used for general traffic’ (Art. 74 no. 21 of the Basic Law) only covers provisions that deal with waterways as transport routes; Act to Prevent the Pollution of Federal Waterways of 17 August 1960 is incompatible with Art. 70 of the Basic Law and is therefore void |
| BVerfGE 15, 25-43 | Order of 30 October 1962 | 2 BvM 1/60 | Rule of international law providing that domestic courts have no jurisdiction over actions against a foreign state’s legation property is not an integral part of German federal law; there is no general rule of international law that excludes German jurisdiction in cases seeking permission to correct the land register with regard to a foreign state’s ownership of its legation property (Art. 25 of the Basic Law); admissibility of referrals under Art. 100(2) of the Basic Law |
| BVerfGE 15, 43-46 | Order of 30 October 1962 | 2 BvR 450/62 | Court decision reversed and remanded (to another court) due to a violation of Art. 103(1) of the Basic Law |
| BVerfGE 15, 46-77 | Order of 6 November 1962 | 2 BvR 151/60 | Reversal of a judgment because the legislative bodies failed to include the foundation ‘von Rohdich'schen Legatenfonds’ in Annex A to § 2 of the Article 131 Act (Art. 3(1) of the Basic Law); meaning of ‘foundation under public law’ |
| BVerfGE 15, 77-80 | Judgment of 9 November 1962 | 1 BvR 586/62 | Rejection of application by the Spiegel publishing house to issue a preliminary injunction regarding manner in which a search warrant is executed; balancing the requirements of a free press with the requirements of the administration of criminal justice; fundamental legal issues cannot be decided in preliminary injunction proceedings (Art. 5 of the Basic Law; § 32 of the Federal Constitutional Court Act; § 53(1) no. 5 and § 97(5) of the Code of Criminal Procedure) |
| BVerfGE 15, 80-104 | Order of 13 November 1962 | 2 BvL 4/60 | Article 131 Act’s exclusion of wage claims of prisoner-of-war civil servants is compatible with the Basic Law (Art. 3(1) and Art. 33(5) of the Basic Law; North Rhine-Westphalia Act on the Remuneration of Prisoner-of-War Civil Servants of 15 December 1952); review of a Land law sought pursuant to Art. 100(1) of the Basic Law may necessitate the review of a federal law |
| BVerfGE 15, 105-121 | Order of 13 November 1962 | 2 BvL 5/60 | On whether to apply a statute of limitations to the special screening procedure under § 9(1) first sentence of the Article 131 Act (Art. 3(1) of the Basic Law; North Rhine-Westphalia Amendment and Adjustment Act of 15 December 1952); referring court’s legal view may still be tenable even if it conflicts with the case-law of the Federal Constitutional Court (Art. 100(1) of the Basic Law; § 31 in conjunction with § 80(2) of the Federal Constitutional Court Act) |
| BVerfGE 15, 121-126 | Order of 14 November 1962 | 1 BvL 18/61 | Referral pursuant to Art. 100(1) first sentence of the Basic Law is inadmissible if the provision in question is not relevant to the referring court’s decision (§ 80(2) first sentence of the Federal Constitutional Court Act); Federal Constitutional Court may not interfere with the legislator’s leeway to design by expanding the scope of a benefit-granting provision to include a group of persons excluded by legislation (§ 25(1) of the Act on an Old-Age Insurance Scheme for Farmers of 27 July 1957); however, no such interference exists if equality can only be ensured by one possible provision |
| BVerfGE 15, 126-152 | Judgment of 14 November 1962 | 1 BvR 987/58 | Rejection of a constitutional complaint challenging the General Act on the Consequences of War of 5 November 1957; regulatory powers under Art. 134(4) of the Basic Law cover the power to regulate the liabilities of the German Reich |
| BVerfGE 15, 153-165 | Order of 27 November 1962 | 2 BvL 13/61 | Insofar as they authorise the Federal Government to issue statutory instruments, § 6(2) of the VAT Act (in the version of 14 November 1951, Federal Law Gazette I p. 885) and § 18(1) no. 1 of the same Act are incompatible with Art. 80(1) second sentence of the Basic Law and are thus void |
| BVerfGE 15, 165-167 | Order of 29 November 1962 | 2 BvR 587/62 | Legislator is not constitutionally obliged to introduce postal voting (Art. 3 of the Basic Law; § 13 of the Hesse Land Elections Act in the version of 12 July 1962) |
| BVerfGE 15, 167-211 | Order of 11 December 1962 | 2 BvL 2/60, 2 BvL 3/60, 2 BvL 21/60 inter alia | On the legislative power granted to the federal legislator under Art. 131 of the Basic Law and its significance for the division of powers within the federal system (Art. 70 ff. of the Basic Law); there are no traditional principles of the professional civil service that can be applied to the question of how legal relationships are to be wound up in the area of civil service law following a state collapse (Art. 33(5) of the Basic Law); amendment of a benefit-granting law may only affect individual measures that were taken after the amending law was promulgated (principle of the rule of law); § 2(2) third sentence in conjunction with § 18 of the North Rhine-Westphalia Amendment and Adjustment Act of 15 December 1952 is declared void in part |
| BVerfGE 15, 211-213 | Order of 18 December 1962 | 1 BvL 11/62 | ‘Premature referral’; referral pursuant to Art. 100(1) of the Basic Law is inadmissible if the court is not yet able to assess the provision’s relevance for its decision due to the current state of the proceedings (§ 80(2) first sentence of the Federal Constitutional Court Act), e.g. due to uncertainty as to whether defendant will contest a claim (§§ 138 (3), 331, 333 of the Code of Civil Procedure) |
| BVerfGE 15, 214-219 | Order of 18 December 1962 | 2 BvR 396/62 | Even after the principal proceedings have been settled, parties to the proceedings are still entitled (for a decision relating exclusively to costs) to expect that the court will inform them when taking receipt of an expert opinion which the parties knew had been commissioned, at least if the court wishes to make use of the opinion for its decision (Art. 103(1) of the Basic Law) |
| BVerfGE 15, 219-223 | Order of 18 December 1962 | 2 BvR 569/62 | Dismissal of a constitutional complaint after the Federal Constitutional Court initially suspended the enforcement of an award decision following the compulsory sale of a property (§ 32 of the Federal Constitutional Court Act) |
| BVerfGE 15, 223-226 | Order of 18 December 1962 | 1 BvR 665/62 | Detention of a publisher’s accountant in order to secure testimony is suspended until a decision is reached on the constitutional complaint because the balancing of the interests of the prosecution and those of the freedom of the press was not discussed in the initial proceedings (Art. 5(1) second sentence of the Basic Law; § 32 of the Federal Constitutional Court Act; §§ 53, 55 of the Code of Criminal Procedure) |
| BVerfGE 15, 226-235 | Order of 19 December 1962 | 1 BvR 163/56 | Decision to exclude a lawyer from acting as defence counsel is reversed even though he violated his obligations as defence counsel (Art. 12(1) of the Basic Law; prohibition of excessive measures); pre-constitutional customary law can effectively regulate the practice of an occupation or profession within the meaning of Art. 12(1) second sentence of the Basic Law; an expanded interpretation of customary law can create the legal basis for new grounds for interference |
| BVerfGE 15, 235-244 | Order of 19 December 1962 | 1 BvR 541/57 | Compulsory membership in Chambers of Commerce and Industry pursuant to the Act on the Provisional Regulation of the Law Governing the Chambers of Commerce and Industry (of 18 December 1956) is compatible with the Basic Law (Art. 9(1) and Art. 12(1) of the Basic Law; restriction of the freedom of economic action without violating Art. 2(1) of the Basic Law) |
| BVerfGE 15, 245-249 | Order of 20 December 1962 | 2 BvR 612/62 | Modification of a court’s case allocation scheme in order to train judges on probation (Art. 101(1) second sentence of the Basic Law; § 63(2) of the Courts Constitution Act) |
| BVerfGE 15, 249-256 | Order of 9 January 1963 | 1 BvR 85/62 | On the granting of asylum to victims of political persecution in extradition proceedings with Turkey (Art. 16(2) second sentence of the Basic Law) |
| BVerfGE 15, 256-268 | Order of 16 January 1963 | 1 BvR 316/60 | Dismissal of constitutional complaint lodged by a university and a faculty against a judgment handed down by an Administrative Court obliging the Land to issue the plaintiff with a document certifying his appointment as an associate professor (Art. 5(3) first sentence of the Basic Law); on whether parts of the state structure can be parties to constitutional complaint proceedings (§ 90 of the Federal Constitutional Court Act) |
| BVerfGE 15, 268-273 | Order of 22 January 1963 | 2 BvL 11/62 | § 6(2) of the Animal Breeding Act (of 7 July 1949, Law Gazette of the Administration of the United Economic Zone p. 181) is compatible with the Basic Law; authorisation in a law that was promulgated after the Basic Law came into force and before the Bundestag first convened does not have to satisfy Art. 80(1) first sentence of the Basic Law; referral is not rendered inadmissible if the provision cited by the referring court is the wrong one but nonetheless suffers from the same defect as the correct one (§ 80(2) of the Federal Constitutional Court Act) |
| BVerfGE 15, 273-275 | Order of 22 January 1963 | 2 BvR 61/60 | Decision is reversed and remanded for renewed determination of costs because the challenged decision is based on § 27(4) of the Act on Compensation of Former German Prisoners of War, which was declared partially void by BVerfGE 14, 42 |
| BVerfGE 15, 275-283 | Order of 5 February 1963 | 2 BvR 21/60 | Recourse to the courts guaranteed under Art. 19(4) first sentence of the Basic Law must allow for administrative acts to be comprehensively reviewed by the courts in both legal and factual terms; courts are not bound by the findings of fact made by an administrative authority; § 66(3) of the Act on Regulatory Offences is void in part |
| BVerfGE 15, 283-288 | Order of 19 February 1963 | 1 BvR 371/60 | Constitutional complaint against a divorce judgment which names the person allegedly having an extra-marital relationship with one of the spouses; complainant must be directly affected in legal terms by the challenged judgment (§ 90 of the Federal Constitutional Court Act); on the recognised legal interest in bringing a constitutional complaint after having waived options for pursuing the case |
| BVerfGE 15, 288-298 | Order of 19 February 1963 | 1 BvR 610/62 | Decision denying a remand prisoner permission to use a radio is reversed because the court failed to recognise the fundamental-rights-based requirement to conduct a balancing in the individual case (between freedom of information and the purposes of remand detention; Art. 5 of the Basic Law, § 116(2) of the Code of Criminal Procedure); exceptional granting of permission for an activity that is prohibited unless express authorisation is obtained; written form (§ 23(1) first sentence of the Federal Constitutional Court Act) |
| BVerfGE 15, 298-302 | Order of 6 March 1963 | 2 BvR 129/63 | Constitutional complaint lodged by members of an Administrative Court chamber challenging the Higher Administrative Court’s decision to uphold their recusal on grounds of possible bias (Art. 101(1) second sentence of the Basic Law); judges may only lodge a constitutional complaint against acts of public authority that affect their individual rights vis-à-vis the state (Art. 33(5) of the Basic Law); disagreements between state organs cannot be settled by means of a constitutional complaint (§ 90 of the Federal Constitutional Court Act) |
| BVerfGE 15, 303-309 | Order of 7 March 1963 | 2 BvR 629/62, 2 BvR 637/62 | On the reopening of proceedings in which persons were convicted on the basis of § 71 of the Vehicle Registration and Licensing Ordinance and § 49 of the Road Traffic Regulations (Art. 103(1) of the Basic Law: reopening criminal proceedings without a new trial; Art. 103(3) of the Basic Law; Art. 104 in conjunction with Art. 2(2) of the Basic Law; remedying a grievance under constitutional law; § 79(1) of the Federal Constitutional Court Act); replacing a void provision |
| BVerfGE 15, 309-312 | Order of 7 March 1963 | 2 BvR 56/63 | Execution of a criminal judgment that is based on a provision declared unconstitutional cannot be challenged on rule-of-law grounds if the conviction could also have been based on a different provision with the same content and with no difference to the conviction or sentence; in such cases, the reopening of the proceedings (pursuant to § 79(1) of the Federal Constitutional Court Act) merely results in the judgment’s invalid substantive basis being replaced (in this case replacing § 71 of the Vehicle Registration and Licensing Ordinance with § 21 of the Road Traffic Act) |
| BVerfGE 15, 313-327 | Order of 14 March 1963 | 1 BvL 28/62 | If a law restricts a favourable tax provision’s retroactive effect to cases that are not yet final and binding, this can only be challenged under Art. 3(1) of the Basic Law if, given the particular features of the provision’s subject matter, the principle of legal certainty would have to be denied any significance in relation to demands for justice in individual cases; Art. 2(7) of the 1960 Tax Amendment Act of 30 July 1960 is compatible with the Basic Law insofar as it stipulates that the provisions of § 18(1) no. 1 third and fourth sentence of the Income Tax Act as amended by the 1960 Tax Amendment Act are to be applied from the 1955 assessment period onwards |
| BVerfGE 15, 328-336 | Order of 20 March 1963 | 1 BvL 20/61 | § 91(3) no. 1 of the Equalisation of Burdens Act of 14 August 1952 is void insofar as it equates real property owned by the debtor with real property owned by the debtor’s spouse (Art. 6(1) of the Basic Law) |
| BVerfGE 15, 337-352 | Order of 20 March 1963 | 1 BvR 505/59 | Constitutional complaint rejected even though the provision upon which the challenged decision was based – § 6(1) third sentence of the Farm Estate Inheritance Code for the British Zone – is incompatible with Art. 3(2) and (3) of the Basic Law; legislator is obliged to adapt occupation law provisions to the Basic Law within a reasonable period of time; until then, § 6(1) third sentence of the Farm Estate Inheritance Code may continue to be applied |
Volume 14
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 14, 1-8 | Order of 6 February 1962 | 1 BvL 52/55 | Upholding the decisions of the Joint Export-Import Agency under Art. 6 of Law no. 19/56 of the Allied High Commission through Art. 2(1) of Chapter One of the Settlement Convention does not violate the Basic Law |
| BVerfGE 14, 8-11 | Order of 13 February 1962 | 2 BvR 173/60 | Violation of § 385(1) first sentence in conjunction with § 33 of the Code of Criminal Procedure and of Art. 103(1) of the Basic Law |
| BVerfGE 14, 11-13 | Order of 13 February 1962 | 2 BvR 15/62 | Preliminary injunction suspending the enforcement of the sentence of a person convicted inter alia under §§ 2 and 71 of the Vehicle Registration and Licensing Ordinance until the decision about the constitutional complaint has been rendered (§ 32 of the Federal Constitutional Court Act) |
| BVerfGE 14, 13-19 | Order of 19 February 1962 | 2 BvR 650/60 | The provisions on the requirement to file an application and the beginning of payments set out in § 58(2) and (3) of the Article 131 Act are compatible with the Basic Law (rule of law) |
| BVerfGE 14, 19-25 | Judgment of 21 February 1962 | 1 BvR 198/57 | Residence requirement for operators of vending machines (Art. 12(1) of the Basic Law) |
| BVerfGE 14, 25-30 | Order of 27 February 1962 | 2 BvR 394/60 | No recognised legal interest in bringing a constitutional complaint challenging a law even if a decision of the Federal Constitutional Court is the prerequisite of a decision on grounds of equity under tax law (§ 90 of the Federal Constitutional Court Act) |
| BVerfGE 14, 30-34 | Order of 27 February 1962 | 2 BvR 510/60 | Limiting the amount of the compensation paid to police officers under § 5(2) first sentence of the Federal Police Officers Act (of 19 July 1960, Federal Law Gazette I p. 569) is compatible with Art. 33(5) and Art. 3 of the Basic Law |
| BVerfGE 14, 34-42 | Order of 3 April 1962 | 1 BvL 35/57 | § 32a first sentence of the Income Tax Act (as amended on 26 July 1957, Federal Law Gazette I p. 848) is compatible with the Basic Law to the extent that spouses assessed separately remain in Tax Bracket I after reaching the age threshold set out in the Act (Art. 6(1) of the Basic Law) |
| BVerfGE 14, 42-54 | Order of 4 April 1962 | 2 BvL 9/60, 2 BvL 10/60 | § 27(4) of the Act on Compensation of Former German Prisoners of War (as amended on 8 December 1956, Federal Law Gazette I p. 908) is void to the extent that it relates to the costs of the applicant’s representation by a lawyer in proceedings before the administrative courts |
| BVerfGE 14, 54-56 | Order of 4 April 1962 | 2 BvR 462/61 | Violation of Art. 103(1) of the Basic Law (§ 308(1) of the Code of Criminal Procedure) |
| BVerfGE 14, 56-76 | Order of 9 May 1962 | 2 BvL 13/60 | Prior to the expiry of their term of office, municipal lay judges may only be dismissed under the conditions specified by law. They may only be dismissed involuntarily by virtue of judicial decision (Art. 97 of the Basic Law; Baden-Württemberg Act on Municipal Jurisdiction of 7 March 1960, Law Gazette of Baden-Württemberg p. 73) |
| BVerfGE 14, 76-105 | Judgment of 10 May 1962 | 1 BvL 31/58 | § 21(1) and (2) first sentence of the Entertainment Tax Act of the Land North Rhine-Westphalia (of 16 October 1956, Law Gazette of North Rhine-Westphalia p. 295) was compatible with the Basic Law until the end of 1957 insofar as it relates to prize-offering machines |
| BVerfGE 14, 105-120 | Order of 22 May 1962 | 1 BvR 301/59, 1 BvR 302/59 | Fixing by the Federal Spirits Monopoly Administration (Bundesmonopolverwaltung) of deductions from the basic price of spirits for spirits produced above the annual quantity allotted to a distiller (Überbrandabzug) (Art. 2(1) of the Basic Law in conjunction with Art. 80; Arts. 3(1), 12(1) and 14(1) of the Basic Law; § 74 of the Spirits Monopoly Act) |
| BVerfGE 14, 121-140 | Order of 30 May 1962 | 2 BvR 158/62 | Differences in the allocation of airtime by public broadcasting corporations (§ 90 of the Federal Constitutional Court Act) among the parties represented in Parliament (derogation from the principle of formal equality of suffrage; equal opportunities in political competition) |
| BVerfGE 14, 140-142 | Order of 19 June 1962 | 1 BvL 10/57 | The Federal Constitutional Court may not decide on a legal question referred to it if the question no longer requires a decision in the initial proceedings (Art. 100(1) of the Basic Law) |
| BVerfGE 14, 142-152 | Order of 19 June 1962 | 1 BvL 4/58 | The legislator was permitted to deny foreigners of German origin the opportunity to obtain a declaratory decision on the acquisition of German citizenship (Arts. 3(1) and 16(1) first sentence of the Basic Law) by § 10 second half-sentence of the Act Settling Issues of Citizenship (of 22 February 1955, Federal Law Gazette I p. 65) |
| BVerfGE 14, 153-154 | Order of 19 June 1962 | 1 BvR 371/61 | It is imperative that the application of § 36 of the Medicinal Products Act (of 16 May 1961, Federal Law Gazette I p. 533) be suspended as otherwise, the fundamental right of veterinary medicine sales representatives to freely exercise their profession would be affected to such an extent that the resulting damage could hardly be remedied even if the constitutional complaint was granted (§ 32 of the Federal Constitutional Court Act; Art. 12(1) of the Basic Law) |
| BVerfGE 14, 154-155 | Order of 27 June 1962 | 2 BvR 189/62 | If a nomination of candidates for a Bundestag election is rejected, the case can only be brought before the Federal Constitutional Court after the Bundestag has examined the matter (Art. 41(2) of the Basic Law; §§ 13 no. 3, 48 and 90 of the Federal Constitutional Court Act) |
| BVerfGE 14, 156-173 | Judgment of 3 July 1962 | 2 BvR 628/60, 2 BvR 247/61 | ‘Legal Graduates’ Criminal Division’ – Decisions in which judges who are not employed in regularly established positions of primary occupation have participated without compelling reasons violate the right to one’s lawful judge (Art. 101(1) second sentence of the Basic Law) and the guarantee that the deprivation of liberty must be authorised by a judicial order (Art. 104(2) first sentence of the Basic Law) |
| BVerfGE 14, 174-190 | Judgment of 3 July 1962 | 2 BvR 15/62 | § 71 of the Vehicle Registration and Licensing Ordinance violates Arts. 103(2) and 104(1) first sentence of the Basic Law and is therefore void. – Ordinances that have been issued on the basis of an authorisation satisfying the requirements of Art. 80(1) of the Basic Law are laws establishing criminal liability within the meaning of Art. 103(2) of the Basic Law. – Only formal laws satisfy the reservation under Art. 104(1) first sentence of the Basic Law. |
| BVerfGE 14, 190-192 | Order of 3 July 1962 | 2 BvR 346/62 | Dismissal of a constitutional complaint that had been lodged against the decision of the Land returning officer as inadmissible (regarding the order of the political parties on the ballot paper). – Identity of a political party created by the merger of two parties |
| BVerfGE 14, 192-194 | Order of 4 July 1962 | 2 BvR 347/62 | Rendering a decision before all legal remedies have been exhausted is not required if the potential disadvantage can no longer be averted by an immediate decision (§ 90(2) second sentence of the Federal Constitutional Court Act) |
| BVerfGE 14, 195-196 | Order of 17 July 1962 | 2 BvR 377/62 | The courts are not obliged to cancel a scheduled hearing due to an authorised representative’s holiday plans (Art.--Article 103(1) of the Basic Law) |
| BVerfGE 14, 196-197 | Order of 18 July 1962 | 2 BvC 1/62 | Standing to bring electoral scrutiny proceedings (§ 48 of the Federal Constitutional Court Act) |
| BVerfGE 14, 197-221 | Judgment of 24 April 1962 | 2 BvF 4/61, 2 BvF 5/61, 2 BvF 1/62, 2 BvF 2/62 | The Act on the Banking Sector (of 10 July 1961, Federal Law Gazette I p. 881) is compatible with the Basic Law. – An autonomous higher federal authority can only be established for tasks that can essentially be performed by a higher authority for the entire federal territory (Arts. 87(3) first sentence and 88 of the Basic Law) |
| BVerfGE 14, 221-244 | Judgment of 24 July 1962 | 2 BvL 15/61, 2 BvL 16/61 | § 9(1) of the Foreign Pensions Act (as amended on 25 February 1960, Federal Law Gazette I p. 93) is compatible with the Basic Law (principle of territoriality; Arts. 3(1) and 14 of the Basic Law). – Art. 120(1) of the Basic Law exclusively governs the financial relations between the Federation and the Länder |
| BVerfGE 14, 245-254 | Order of 25 July 1962 | 2 BvL 4/62 | § 21 of the Road Traffic Act (as amended on 16 July 1957, Federal Law Gazette I p. 710) is compatible with the Basic Law insofar as it declares breaches of the road traffic ordinances issued to maintain order and safety in public spaces punishable offences |
| BVerfGE 14, 254-260 | Order of 25 July 1962 | 2 BvR 355/62, 2 BvR 174/62 | § 49 of the Road Traffic Ordinance violates Arts. 103(2) and 104(1) first sentence of the Basic Law and is therefore void (§ 95(3) of the Federal Constitutional Court Act) |
| BVerfGE 14, 260-263 | Order of 27 July 1962 | 1 BvR 330/61 | A complainant is not affected (§ 90 of the Federal Constitutional Court Act) if the interpretation of a provision of ordinary law (here: § 31a(2) letter a second half-sentence of the Tenant Protection Act as amended on 10 April 1961, Federal Law Gazette I p. 421) is doubtful because, due to its legislative purpose, it appears possible to interpret it contrary to its wording |
| BVerfGE 14, 263-288 | Order of 7 August 1962 | 1 BvL 16/60 | ‘Feldmühle Judgment’ (majority conversion of a stock corporation into another stock corporation which owns more than three quarters of its share capital (Mehrheitsumwandlung); Arts. 3(1), 14(1) second sentence, principles of the rule of law and the social state). There must be means of defence against ambivalent standards of stock corporation law with regard to majority conversions due to the inherent possibility of abuse. – § 15 of the Transformation Act (of 12 November 1956, Federal Law Gazette I p. 844) is compatible with the Basic Law insofar as it permits the transfer of the assets of a stock corporation to a stock corporation that owns more than three quarters of its share capital. – Interpretation of Art. 103(1) of the Basic Law in conformity with the Constitution |
| BVerfGE 14, 288-306 | Order of 11 October 1962 | 1 BvL 22/57 | Continuation of self-insurance for workers. – Art. 2 § 4(1) first sentence of the Act Revising the Law on Workers' Pension Insurance (of 23 February 1957, Federal Law Gazette I p. 45) is compatible with the Basic Law insofar as it excludes the continuation of self-insurance in the workers' pension insurance scheme commenced after 31 December 1955 (Arts. 2(1), 3(1) and 14 of the Basic Law, principles of the rule of law and the social state) |
| BVerfGE 14, 306-308 | Order of 11 October 1962 | 1 BvL 14/58 | Continuation of self-insurance for employees. - Art. 2 § 5(1) first sentence of the Act Revising the Law on Employees' Pension Insurance (of 23 February 1957, Federal Law Gazette I p. 88) is compatible with the Basic Law insofar as it excludes the continuation of self-insurance in the employees' pension insurance scheme commenced after 31 December 1955 (Arts. 2(1), 3(1) and 14 of the Basic Law, principles of the rule of law and the social state) |
| BVerfGE 14, 308-312 | Order of 11 October 1962 | 1 BvL 14/61 | The Federal Constitutional Court may not expand the scope of a provision granting benefits to include groups of persons excluded (legislator’s margin of appreciation in drafting legal provisions); Art. 3 of the Basic Law; § 16 of the Foreign Pensions Act as amended on 25 February 1960, Federal Law Gazette I p. 93) |
| BVerfGE 14, 312-320 | Order of 16 October 1962 | 2 BvL 27/60 | § 113 of the Employee Insurance Act (as amended on 23 February 1957, Federal Law Gazette I p. 88) is compatible with the Basic Law insofar as the provision imposes on the employer the obligation to pay the contribution for insured persons who are exempt from mandatory enrolment under § 6(1) no. 1 of the Employee Insurance Act that it would have to pay if the insured person were subject to mandatory enrolment (Arts. 3(1), 74 no. 12 and 108 of the Basic Law) |
| BVerfGE 14, 320-324 | Order of 23 October 1962 | 2 BvR 74/62 | The court must decide on the application of the private accessory prosecutor to be admitted to the criminal proceedings before it discontinues the criminal proceedings (Art. 103(1) of the Basic Law). – A court decision that rejects an appeal as inadmissible restarts the one-month period under § 93(1) first sentence of the Federal Constitutional Court Act if the appeal was not manifestly inadmissible |
Volume 13
| Reference | Decision | File Reference | Decision title |
|---|---|---|---|
| BVerfGE 13, 1-20 | Order of 30 May 1961 | 2 BvR 366/60 | Provisions in the Municipal and District Elections Act of the Land Schleswig-Holstein of 25 March 1959 (Law Gazette p. 13) which make it possible to anticipate election results by submitting and accepting corresponding nominations in so-called peace elections (Friedenswahlen) are void because they violate Arts. 3(1) and 28(1) second sentence of the Basic Law |
| BVerfGE 13, 21-30 | Order of 26 June 1961 | 1 BvL 17/60 | Imposing mandatory health insurance contributions on rejected applicants for disability pensions (§ 381(3) second sentence of the Reich Insurance Code as amended on 12 June 1956 – Federal Law Gazette I p. 500) does not violate Arts. 2(1) and 3(1) of the Basic Law |
| BVerfGE 13, 31-39 | Order of 27 June 1961 | 1 BvL 17/58, 1 BvL 20/58 | Whether a provision submitted for review pursuant to Article 100(1) of the Basic Law is relevant to the decision in the initial proceedings must be assessed on the basis of the referring court’s assessment of the facts, unless it is manifestly untenable. – § 4(1) no. 1c of the Federal Compensation Act (as amended on 29 June 1956 - Federal Law Gazette I p. 559) is partially void on grounds of a violation of Art. 3(1) of the Basic Law |
| BVerfGE 13, 39-46 | Beschluss vom 27. Juni 1961 | 1 BvL 26/58 | A generalising approach under § 37(1) of the Federal Compensation Act as amended on 29 June 1956 - Federal Law Gazette I p. 559 for the calculation of the lump-sum payment does not violate the principle of equality. The amendment of the calculation basis vis-à-vis § 15 of the Additional Federal Compensation Act provided therein is not a deprivation of compensation claims that is incompatible with Article 14 of the Basic Law |
| BVerfGE 13, 46-54 | Order of 27 June 1961 | 1 BvR 486/59 | With regard to Art. 21 of the Basic Law, § 6(1) no. 2 of the Federal Compensation Act may not be applied to persons who represent the aims of a political party by generally authorised means only as functionaries of such party prior to its prohibition by the Federal Constitutional Court (Art. 3 (1) of the Basic Law) |
| BVerfGE 13, 54-97 | Judgment of 11 July 1961 | 2 BvG 2/58, 2 BvE 1/59 | ‘Application by the Land Hesse’ (Arts. 29 and 93(1) nos. 1 and 3 of the Basic Law; § 90 of the Federal Constitutional Court Act: vicarious standing; system of constitutional justice) |
| BVerfGE 13, 97-123 | Order of 17 July 1961 | 1 BvL 44/55 | ‘Certificate of Higher Competence’ required to independently manage a craft business (§§ 1 and 7(1) and (2) of the Craft and Trade Code of 17 September 1953 – Federal Law Gazette I p. 1411) – Freedom to choose an occupation (Art. 12(1) of the Basic Law) |
| BVerfGE 13, 123-126 | Order of 18 July 1961 | 2 BvE 1/61 | An application by the Deutsche Friedensunion for a declaratory judgment that an answer concerning its position on communism given by the Federal Government during a question and answer session of the German Bundestag violates Article 21 of the Basic Law is dismissed as inadmissible (measure within the meaning of § 64 of the Federal Constitutional Court Act) |
| BVerfGE 13, 127-129 | Order of 26 August 1961 | 2 BvR 322/61 | Manifestly unfounded constitutional complaint against an omission by the legislator to adapt the delimitaiton of constituency boundaries to demographic changes (Art. 3(1) of the Basic Law; Federal Elections Act) |
| BVerfGE 13, 129-132 | Order of 3 October 1961 | 2 BvL 3/61 | A referral is inadmissible if the court in the initial proceedings has not shown that and to what extent the decision on the question it has referred is legally relevant to its own decision (§ 80(2) of the Federal Constitutional Court Act) |
| BVerfGE 13, 132-153 | Order of 3 October 1961 | 2 BvR 4/60 | Popular action proceedings before the Bavarian Constitutional Court (Arts. 101(1) second sentence and 103(1) of the Basic Law; § 54(1) of the Bavarian Constitutional Court Act) |
| BVerfGE 13, 153-165 | Order of 10 October 1961 | 2 BvL 1/59 | § 3(1) of the Capital Transaction Tax Act as amended on 22 September 1955 (Federal Law Gazette I p. 590) was compatible with the Basic Law. – Clarity and definiteness of the statutory elements |
| BVerfGE 13, 165-167 | Order of 10 October 1961 | 2 BvN 1/60 | If the referring court (pursuant to Article 100(3) of the Basic Law) has indicated that a decision in the initial proceedings is no longer necessary, the Federal Constitutional Court may only declare that the referral has become inadmissible (order of referral on grounds of the abolition of the seats in the Land Parliament of the MPs of the Saarland Communist Party) |
| BVerfGE 13, 167-174 | Order of 17 October 1961 | 1 BvL 5/61 | The fire brigade levy under Baden-Württemberg law is compatible with the Basic Law (Arts. 3(1) and 12(2) first sentence of the Basic Law) |
| BVerfGE 13, 174-178 | Order of 18 October 1961 | 1 BvR 730/57 | Jurisdiction to decide whether an association is prohibited pursuant to Art. 9(2) of the Basic Law (Demokratischer Frauenbund Deutschlands, Baden-Württemberg regional organisation) |
| BVerfGE 13, 178-180 | Order of 24 October 1961 | 2 BvL 9/59 | A referral (pursuant to Art. 100(1) first sentence of the Basic Law and § 80(2) of the Federal Constitutional Court Act) is inadmissible if the referring court has not shown that the facts fit the elements set out in a provision (not) applicable in the initial proceedings |
| BVerfGE 13, 181-204 | Order of 30 October 1961 | 1 BvR 833/59 | Constitutionality of the tax on licences to sell alcoholic beverages (Art. 12(1) of the Basic Law; Trade Regulation Code). – The constitutional authority of a Land to pass legislation regarding a specific tax cannot be called into question by recourse to general competence provisions of the Basic Law, even if the secondary purposes pursued with the tax substantively affect areas that are beyond the legislative power of the Land |
| BVerfGE 13, 204-206 | Order of 23 August 1961 | 2 BvR 286/61 | Appropriate allocation of television broadcasting time.to a political party -–Constitutional complaint by the Gesamtdeutsche Partei (DP-BHE) against administrative decisions by the Bayerischer Rundfunk broadcasting corporation |
| BVerfGE 13, 206-214 | Order of 14 November 1961 | 2 BvL 15/59 | In principle, onerous tax laws with retroactive effect are unconstitutional (Hamburg Act Amending the Real Property Transfer Tax Act and to Repeal Provisions on Taxes Concerning Appreciations in Value of 1 April 1958 – Law and Ordinance Gazette I p. 93) |
| BVerfGE 13, 215-225 | Order of 14 November 1961 | 2 BvR 345/60 | No protection of legitimate expectations with regard to the continued existence of an inequitable cut-off date law that is incompatible with the legal order and has been replaced by an appropriate provision (§ 206 old version and new version of the Compensation for War Burdens Act) |
| BVerfGE 13, 225-230 | Judgment of 29 November 1961 | 1 BvR 148/57 | The special provision under § 8(3) of the Shop Opening Hours Act (as amended on 14 November 1960, Federal Law Gazette I p. 845) for pharmacies located in train stations does not violate Art. 3(1) of the Basic Law |
| BVerfGE 13, 230-236 | Judgment of 29 November 1961 | 1 BvR 758/57 | Customers are directly affected, within the meaning of § 90 of the Federal Constitutional Court Act, by § 3 of the Shop Opening Hours Act (as amended on 14 November 1960, Federal Law Gazette I p. 845) although they are not the addressees of the law. – The Federal Constitutional Court must respect the prior political decision made by the legislator pursuant to Art. 72(2) of the Basic Law |
| BVerfGE 13, 237-243 | Judgment of 29 November 1961 | 1 BvR 760/57 | Shop opening hours on Saturday afternoons, in particular for booksellers (Arts. 3(1) and 12 of the Basic Law; § 3 of the Shop Opening Hours Act as amended on 14 November 1960, Federal Law Gazette I p. 845) |
| BVerfGE 13, 243-248 | Order of 6 December 1961 | 2 BvR 399/61 | In small municipalities, an electoral quota is permissible that has a greater blocking effect than the 5% threshold clause because the special circumstances in these municipalities forcibly result in a smaller number of municipal representatives (relative number of votes per seat) (general principle of equality; radically egalitarian electoral equality; § 3(2) of the North Rhine-Westphalian Municipal Elections Act as amended on 24 December 1960, Law and Ordinance Gazette p. 449) |
| BVerfGE 13, 248-261 | Order of 13 December 1961 | 1 BvR 1137/59, 1 BvR 278/60 | The principle of equality of Art. 3(1) of the Basic Law can under special circumstances prohibit the executive branch from making certain differentiations when issuing ordinances (Art. 80 of the Basic Law) even though they would still be covered by the statutory authorisation granted to it. – Partial voidness of implementation provisions of the Federal Compensation Act insofar as they increase the maximum pension amount with a delay |
| BVerfGE 13, 261-274 | Judgment of 19 December 1961 | 2 BvL 6/59 | In principle, onerous tax laws may not have an effect on concluded events. Cases in which expectations in the continued existence of existing legislation are not worthy of protection as an exception. Expectations are no longer worthy of protection once the Bundestag has passed a tax law with retroactive effect. – Partial voidness of § 5(1) first sentence of the Act Supplementing the Income Tax Act and the Corporation Tax Act (of 20 May 1952, Federal Law Gazette I p. 302) |
| BVerfGE 13, 274-278 | Judgment of 19 December 1961 | 2 BvR 1/60 | During the assessment period, the tax rate may only be increased moderately |
| BVerfGE 13, 279-284 | Judgment of 19 December 1961 | 2 BvR 2/60 | Tax payers may not rely on a previously valid tax factor if, as in previous years, the tax factor for the payroll tax is only set in the course of the fiscal year (Hamburg Tax Factor Act of 21 December 1951, Law and Ordinance Gazette I p. 229; Introductory Act to the Non-personal Tax Acts of 1 December 1936, Reich Law Gazette I p. 961; § 6(2) of the Trade Tax Act) |
| BVerfGE 13, 284-289 | Order of 9 January 1962 | 1 BvR 662/59 | Time limit under § 93(2) of the Federal Constitutional Court Act if claims are denied by law. The time limit under § 93(1) of the Federal Constitutional Court Act also applies to judgments that are not yet final; if the time limit is exceeded, a decision pursuant to § 90(2) second sentence of the Federal Constitutional Court Act cannot be rendered. – Claims pursuant to § 4 of the Act on Compensation for Damage due to Occupation (of 4 December 1955, Federal Law Gazette I p. 734) |
| BVerfGE 13, 289-290 | Order of 23 January 1962 | 2 BvR 293/61 | § 7 of the Court Costs Act does not apply to fees pursuant to § 34(4) of the Federal Constitutional Court Act |
| BVerfGE 13, 290-318 | Judgment of 24 January 1962 | 1 BvL 32/57 | Fiscal acknowledgment of employment relationships between spouses: § 8(5) of the Trade Tax Act (as amended on 21 December 1954, Federal Law Gazette I p. 473) is void |
| BVerfGE 13, 318-331 | Judgment of 24 January 1962 | 1 BvR 232/60 | Fiscal acknowledgment of employment relationships between spouses: Art. 6(1) of the Basic Law requires that appropriate remuneration from employment contracts between spouses be recognised for tax purposes in favour of the parties involved |
| BVerfGE 13, 331-355 | Judgment of 24 January 1962 | 1 BvR 845/58 | Fiscal acknowledgment of shareholder remuneration: § 8 no. 6 of the Trade Tax Act (as amended on 30 April 1952, Federal Law Gazette I p. 270) is void insofar as it relates to the legal persons specified in § 2(2) nos. 2 and 3. – This derogation from the rules established by law (Art. 3(1) of the Basic Law) is justified by objective reasons. – By their very nature, legal persons are in principle protected against ‘direct legal consequences’ which regard facts inherent in the group or in the person of their shareholders |
| BVerfGE 13, 356-367 | Order of 31 January 1962 | 2 BvL 29/60 | Career level as the decisive criterion for comparing the remuneration of civil servants (Art. 3 of the Basic Law, Bremen Remuneration Act as amended on 13 May 1959 (Law and Ordinance Gazette p. 59)) |
| BVerfGE 13, 367-373 | Order of 31 January 1962 | 2 BvO 1/59 | § 9(2) of the Act against the Criminal Use of Explosives that Endangers the Public (of 9 June 1884, Reich Law Gazette p. 61) is treated as federal law with regard to the question of whether a Land constitutional court has jurisdiction to review its validity (Art. 125 of the Basic Law). The continued validity of this provision of criminal law as federal law (Art. 74 no. 1 of the Basic Law) is not precluded by the fact that it is Land law pursuant to which the Federation imposes sanctions |
Volume 12
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 12, 1-5 | Order of 8 November 1960 | 1 BvR 59/56 | Promising tobacco to fellow prisoners in order to persuade them to leave the church is not protected by the freedom of faith (Arts. 4 and 5 of the Basic Law) |
| BVerfGE 12, 6-9 | Order of 8 November 1960 | 2 BvR 177/60 | A foreign legal person also enjoys the right to be heard (Arts. 103(1) and 19(3) of the Basic Law) |
| BVerfGE 12, 9-10 | Order of 8 November 1960 | 2 BvR 536/60 | The Land to which a violation of fundamental rights is attributable is ordered to reimburse the complainant’s expenses (§ 34(4) of the Federal Constitutional Court Act) |
| BVerfGE 12, 10-32 | Judgment of 15 November 1960 | 2 BvR 536/60 | By virtue of the guarantee of municipal self-government, local political groups in the municipalities and districts must in principle be afforded equal legal status as political parties (here: regarding the quorum of signatures – § 19(9) of the Lower Saxony Municipal and District Elections Act as amended on 27 August 1960 – Law and Ordinance Gazette p. 229 – is void; Arts. 28(2), 21 and 3(1) of the Basic Law) |
| BVerfGE 12, 33-36 | Order of 22 November 1960 | 2 BvR 606/60, 2 BvQ 12/60 | The principle of the secrecy of elections can be restricted at the stage of election preparations (Arts. 3 and 5 of the Basic Law; § 25(3) of the Saarland Municipal and District Elections Act as amended on 29 September 1960 – Official Gazette p. 703) |
| BVerfGE 12, 36-45 | Judgment of 17 December 1960 | 2 BvQ 4/60, 2 BvQ 7/60, 2 BvQ 10/60, 2 BvQ 11/60 | Dispute between the Federation and the Länder regarding the establishment and broadcasting rights of a federal television corporation: preliminary injunction (§ 32 of the Federal Constitutional Court Act) |
| BVerfGE 12, 45-61 | Order of 20 December 1960 | 1 BvL 21/60 | On the right to conscientious objection to military service involving the use of arms (Art. 4(3) of the Basic Law; § 25 of the Compulsory Military Service Act). – Significance of a provision governing competences with regard to its substantive content (Art. 73 no. 1 of the Basic Law) |
| BVerfGE 12, 62-67 | Order of 17 January 1961 | 2 BvL 17/60 | After a decision by a court in the Soviet Zone, the double jeopardy rule can only apply unconditionally after a decision by a court the Federal Republic of Germany |
| BVerfGE 12, 67-73 | Order of 17 January 1961 | 2 BvL 25/60 | Statutory law can make the decision of courts binding for other courts (Art. 97(1) of the Basic Law; § 16 of the Mutual Legal Assistance Act) |
| BVerfGE 12, 73-81 | Order of 17 January 1961 | 2 BvR 547/60 | Compatibility of public office and mandate (Art. 137(1) of the Basic Law; § 13(1) letter g) of the North Rhine-Westphalian Municipal Elections Act as amended on 21 June 1960 – Law and Ordinance Gazette p. 187; an application regarding § 13(1) letters a) and f) had previously been dismissed) |
| BVerfGE 12, 81-99 | Order of 24 January 1961 | 2 BvR 74/60 | The principle of judicial independence requires a statutory framework for judges’ advancement in remuneration (Remuneration Act of the Land Baden-Württemberg). – Art. 33(5) of the Basic Law also grants judges individual rights similar to fundamental rights and confers on them a subjective right against the state that is similar to a fundamental right (§ 90 of the Federal Constitutional Court Act) |
| BVerfGE 12, 99-110 | Order of 24 January 1961 | 2 BvR 168/60 | No execution of judgments rendered in the Soviet Zone that imposed penalties for the violation of income tax and foreign exchange law in force in the Soviet Zone (Art. 2(1) of the Basic Law; §§ 15 and 5 of the Mutual Legal Assistance Act) |
| BVerfGE 12, 110-113 | Order of 24 January 1961 | 2 BvR 402/60 | The court must wait for the expiry of a self-imposed time limit even if the matter appears ready for a decision (Art. 103(1) of the Basic Law) – Statements made by parties not involved in the proceedings upon application for private prosecution are not automatically ‘obvious’ |
| BVerfGE 12, 113-132 | Order of 25 January 1961 | 1 BvR 9/57 | Replies in the press that correspond in nature to a journalistic attack and its effect on the formation of public opinion are covered by the concept of ‘pursuing legitimate interests’ (Art. 5(1) and (2) of the Basic Law; § 193 of the Criminal Code) |
| BVerfGE 12, 132-134 | Order of 25 January 1961 | 2 BvR 582/60 | On the constitutionality of a quorum of signatures pursuant to § 28(3) of Act no.724 on the Election of the Saarland State Parliament (of 29 September 1960 – Official Gazette p. 759); Arts. 28, 38 and 33(1) of the Basic Law |
| BVerfGE 12, 135-139 | Order of 7 February 1961 | 2 BvR 45/61, 2 BvQ 1/61 | The legislator can subject a party or a local political group to the quorum of signatures even if it has previously been successful in elections in another Land (§ 15(2) third sentence of the North Rhine-Westphalian Municipal Elections Act as amended on 24 December 1960 – Law and Ordinance Gazette p. 449 |
| BVerfGE 12, 139-143 | Order of 7 February 1961 | 2 BvR 23/61 | A Land legislator is not obliged to introduce postal voting even if other Land legislators have done so |
| BVerfGE 12, 144-151 | Order of 8 February 1961 | 1 BvL 10/60, 1 BvR 289/60, 1 BvR 348/60 | § 368a of the Reich Insurance Code is void even insofar as it relates to dentists (Art. 12 of the Basic Law) |
| BVerfGE 12, 151-177 | Judgment of 21 February 1961 | 1 BvL 29/57, 1 BvL 20/60 | § 29(1) of the Compensation for War Burdens Act must be interpreted in conformity with the Constitution to the effect that each of the spouses is entitled to an allowable deduction. As long as they are jointly and severally liable, § 7(3) of the Tax Adjustment Act must be interpreted in conformity with the Constitution to the effect that the spouses can request a proportional division of the capital levy. – Explanation of the operative part of the decision |
| BVerfGE 12, 177-180 | Judgment of 21 February 1961 | 1 BvR 267/60 | Annulment of a capital levy notice and the decisions confirming it because they do not address the alleged distribution of capital between the spouses (cf. Judgment of 21 February 1961 (1 BvL 29/57, 20/60), BVerfGE 12, 151-177) |
| BVerfGE 12, 180-200 | Judgment of 21 February 1961 | 1 BvR 314/60 | The joint assessment pursuant to § 54 of the Compensation for War Burdens Act corresponds to the spouses’ constituting a community with regard to maintenance payments. – Suspension of execution (§ 251 of the Fiscal Code) in the event of serious (constitutional) concerns about the legality of the contested administrative act, ultimately proceedings pursuant to Art.93(1) no. 2 of the Basic Law. – An administrative or judicial decision violates the fundamental right under Art. 6(1) of the Basic Law of the person concerned insofar as it is based on provisions of the Administrative Order on the Waiver of the Capital Property and Emergency Assistance Levy (of 19 July 1954 – Federal Tax Gazette 1954 I p. 380) regarding the addition of assets that are detrimental to spouses; a judgment on the administrative order was not rendered because administrative orders are not laws within the meaning of § 95(3) second sentence of the Federal Constitutional Court Act |
| BVerfGE 12, 200-205 | Order of 22 February 1961 | 2 BvR 63/61 | It is a necessary consequence of proportional representation with a loosely bound list and therefore not constitutionally objectionable that a list candidate may win a seat in parliament even though he received less votes than an individual candidate who does not win a seat (§§ 19(2), 32(2) and (3), 34(2) and (3) of the Lower Saxony Municipal Elections Act as amended on 20 January 1961 – Law and Ordinance Gazette p. 5) |
| BVerfGE 12, 205-264 | Order of 28 February 1961 | 2 BvG 1/60, 2 BvG 2/60 | Dispute between the Federation and the Länder regarding the establishment and broadcasting rights of a federal television corporation: By founding Deutschland-Fernsehen-GmbH, the Federation has violated Art. 30 in conjunction with Art. 83 ff. of the Basic Law as well as the principle of ‘reciprocal loyalty within the federal order’ and Art. 5 of the Basic Law |
| BVerfGE 12, 264-275 | Order of 15 March 1961 | 2 BvL 8/60 | The legislator may change a subsequent screening procedure by substantively (i.e. by law) excluding a group of people from rights that it had formally granted initially. In relation to proceedings that have already been concluded, this does not violate the principle of equality (Arts. 3(1), 14, 101(1) second sentence and 33(5) of the Basic Law; Art. 1 no. 2a of the Second Act Amending the Article 131 Act) |
| BVerfGE 12, 276-280 | Order of 15 March 1961 | 2 BvQ 3/60 | The application of a political party for preliminary injunction (because it was not included in a budget decision providing for payments to political parties) is rejected (§ 32 of the Federal Constitutional Court Act) |
| BVerfGE 12, 281-296 | Order of 21 March 1961 | 1 BvL 3/58, 1 BvL 18/58, 1 BvL 99/58 | During a specified transitional period, Art. I of the foreign exchange control laws of the former occupying powers continues to apply to foreign trade (Art. 12 of the Basic Law; Settlement Convention) |
| BVerfGE 12, 296-308 | Order of 21 March 1961 | 2 BvR 27/60 | The unconstitutionality of a political party can only be legally asserted after it has been established by a decision of the Federal Constitutional Court. § 90a(3) of the Criminal Code is void (Art. 21 of the Basic Law) |
| BVerfGE 12, 308-311 | Order of 11 April 1961 | 2 BvG 2/58 | In disputes between the Federation and the Länder, no party may join the Federation as party to the proceedings (Art. 93(1) no. 3 of the Basic Law; § 65(1) in conjunction with § 69 of the Federal Constitutional Court Act) |
| BVerfGE 12, 311-318 | Judgment of 18 April 1961 | 1 BvR 389/56, 1 BvR 416/56, 1 BvR 615/56 inter alia | Procedural issues remaining after the decision about compulsory military service (cf. Order of 20 December 1960 (1 BvL 21/60), BVerfGE 12, 45-61) has been rendered; question whether complainants are directly affected (§ 90 of the Federal Constitutional Court Act) |
| BVerfGE 12, 319-326 | Order of 2 May 1961 | 1 BvR 203/53 | Introduction under Land law of a mandatory pension scheme for self-employed doctors (Art. 2(1) of the Basic Law) |
| BVerfGE 12, 326-338 | Order of 9 May 1961 | 2 BvR 49/60 | Differences in the remuneration of judges at the higher regional courts on the one hand, and at the Higher Administrative Court (court of last instance of the Land) on the other, based on traditional principles of the judiciary and the principle of equality (Arts. 33(5) and 3 of the Basic Law; Act Amending the Remuneration of Civil Servants of the Land North Rhine-Westphalia of 13 May 1958 –- Law and Ordinance Gazette p. 149, and Salary Act as amended on 8 November 1960, Law and Ordinance Gazette p. 357). |
| BVerfGE 12, 338-341 | Order of 10 May 1961 | 2 BvR 55/61 | Rejection of a constitutional complaint as manifestly unfounded, even though the challenged decision issued pursuant to § 9(1) of the Mutual Legal Assistance Act is not convincing. Even though it has become final and conclusive, this does not preclude a new application by the complainant pursuant to § 9(1) of the Mutual Legal Assistance Act; the binding effect of a decision rendered by the Federal Constitutional Court (§ 31(1) of the Federal Constitutional Court Act) on this subject matter is a ‘new fact’ within the meaning of § 9(1) of the Mutual Legal Assistance Act |
| BVerfGE 12, 341-354 | Order of 16 May 1961 | 2 BvF 1/60 | ‘Spinnweber-Zusatzsteuer’ decision. Restricting compensation measures under § 8 of the VAT Act to companies in the textile industry does not violate the principle of equality under Article 3(1) of the Basic Law. – The expiry of an authorisation (Art. 80(1) of the Basic Law) does not affect the legal validity of the duly issued ordinance; if provisions in an ordinance are amended on the basis of a new authorisation, other provisions may remain unaffected |
| BVerfGE 12, 354-369 | Judgment of 17 May 1961 | 1 BvR 561/60, 1 BvR 579/60, 1 BvR 114/61 | Privatisation of the VW plant (Arts. 3(1) and 15 of the Basic Law; principle of the social state). Anyone who would actually have a greater chance of being allowed to buy more than two shares if the Privatisation Act were void is directly affected by it (§ 90 of the Federal Constitutional Court Act) |
| BVerfGE 12, 370-372 | Judgment of 17 May 1961 | 1 BvR 90/61 | Procedural issue remaining regarding the decision about the privatisation of the VW plant (cf. Judgment of 17 May 1961 (1 BvR 561/60, 1 BvR 579/60, 1 BvR 114/61), BVerfGE 12, 354-369); dismissal of a constitutional complaint as inadmissible because the complainant is not directly affected (§ 90 of the Federal Constitutional Court Act) by the guidelines in the ’Instruction Sheet for Bank Clerks’’ (relating to the term ‘taxable annual income’, whose interpretation is the responsibility of the lower courts) |
Volume 11
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 11, 1-6 | Order of 22 February 1960 | 2 BvR 36/60 | Challenge to the participation of Justices of the Federal Constitutional Court not mentioned by name who belong to a particular political party. Composition of the bench deciding on the challenge. Official statement of the Justices if the challenge is clearly inadmissible. Participation of disqualified or challenged judges of the Federal Court of Justice in a decision (Art. 101(1) second sentence of the Basic Law; §§ 41 ff. of the Code of Civil Procedure; § 6 of the Court Costs Act) |
| BVerfGE 11, 6-22 | Order of 15 March 1960 | 2 BvG 1/57 | The regulating effect of an administrative act executing provisions of a federal law generally applies throughout the entire federal territory (Arts. 30 and 83 of the Basic Law). Recourse to the Federal Constitutional Court in the case of Art. 129(1) second sentence of the Basic Law |
| BVerfGE 11, 23-28 | Order of 15 March 1960 | 2 BvL 12/59 | New legislation enacted regarding a part of a matter previously governed by a Reich law that has been repealed by the occupying power is not an amendment to earlier Reich law (Art. 125 no. 2 of the Basic Law; Hesse Act on the Payment of Maintenance Contributions to Members of the Wehrmacht etc. of 30 November 1949 – Law and Ordinance Gazette p. 168) |
| BVerfGE 11, 29-30 | Order of 15 March 1960 | 2 BvR 251/60 | Violation of § 308(1) of the Code of Criminal Procedure and thus of Art. 103(1) of the Basic Law |
| BVerfGE 11, 30-49 | Judgment of 23 March 1960 | 1 BvR 216/51 | ‘Panel Doctor Judgment’: § 368a(1) first sentence of the Reich Insurance Code is void insofar as it refers to doctors (Art. 12 of the Basic Law) |
| BVerfGE 11, 50-60 | Order of 5 April 1960 | 1 BvL 31/57 | The legislator has more leeway with regard to administrative action providing benefits than with regard to administrative action resulting in interferences (Art. 6(1) of the Basic Law; compensation for household goods) |
| BVerfGE 11, 61-63 | Order of 5 April 1960 | 1 BvR 312/53, 1 BvR 362/53, 1 BvR 819/53, 1 BvR 925/59 | Judgments rendered by (unconstitutional) Justices of the Peace in the territory of the former Land Württemberg-Baden are not non-existing judgments |
| BVerfGE 11, 64-77 | Order of 4 May 1960 | 1 BvL 17/57 | Legislation on the compensation for war burdens favouring marriages vis-à-vis children (Art. 6(1) of the Basic Law). Claims under the Compensation for War Burdens Act are not property within the meaning of Art. 14 of the Basic Law. The legislator may make clarifying additions to a law in order to make a law enforceable |
| BVerfGE 11, 77-89 | Order of 10 May 1960 | 2 BvL 76/58 | ‘Land government’ within the meaning of Art. 80(1) first sentence of the Basic Law (§ 12(2) of the Dairy and Dietary Fats Act as amended on 10 December 1952, Federal Law Gazette I p. 811) |
| BVerfGE 11, 89-101 | Order of 10 May 1960 | 2 BvO 6/56 | § 9(2) of the Bremen Holiday Act as amended on 25 April 1949 (Law Gazette p. 71) has become federal law to the extent that it relates to workers of the Bundespost (Federal Post) |
| BVerfGE 11, 102-105 | Order of 10 May 1960 | 2 BvQ 1/60 | Rejection of the application to prohibit municipal elections scheduled in the Saarland by preliminary injunction |
| BVerfGE 11, 105-126 | Judgment of 10 May 1960 | 1 BvR 190/58, 1 BvR 363/58, 1 BvR 401/58 inter alia | The Childcare Allowance Act is a ‘social security law’ (Art. 74 no. 12 of the Basic Law). Obligation to pay contributions into the family equalisation funds (Art. 3(1) of the Basic Law) |
| BVerfGE 11, 126-136 | Order of 17 May 1960 | 2 BvL 11/59, 2 BvL 11/60 | A pre-constitutional provision is only included in the will of the post-constitutional legislator if the will to uphold it can be objectively inferred from the content of the law itself or – in the case of amendments to the law – also from the close factual connection between unchanged and amended provisions |
| BVerfGE 11, 136-139 | Order of 24 May 1960 | 2 BvR 245/60 | Reversal of judgments rendered by Justices of the Peace that were issued on the basis of the void Act on the Jurisdiction of Justices of the Peace (BVerfGE 10, 200) due to violation of Art. 101(1) second sentence of the Basic Law |
| BVerfGE 11, 139-149 | Order of 31 May 1960 | 2 BvL 4/59 | Application of statutory provision to actions or events that were concluded in the past. Legislator’s latitude to amend provisions on costs that affect pending proceedings |
| BVerfGE 11, 150-165 | Order of 31 May 1960 | 2 BvR 234/60, 2 BvR 235/60, 2 BvR 236/60 | Enforceability of criminal judgments issued in the Soviet Zone in the Federal Republic of Germany (Art. 2(1) of the Basic Law) |
| BVerfGE 11, 165-167 | Order of 31 May 1960 | 2 BvR 408/60 | Subject matter of a constitutional complaint (§ 93(1) of the Federal Constitutional Court Act, § 9 of the Mutual Legal Assistance Act) |
| BVerfGE 11, 168-192 | Order of 8 June 1960 | 1 BvL 53/55 | The necessity test pursuant to § 9(2) of the Passenger Transport Act for the authorisation of occasional transport with private hire vehicles and cabs is not compatible with Article 12(1) of the Basic Law |
| BVerfGE 11, 192-203 | Order of 8 June 1960 | 1 BvR 580/53 | Pursuant to Art. 74 no. 1 of the Basic Law, the concurrent legislative power of the Federation also extends to the constitution and procedure of authorities that are organised in the form of courts, are traditionally and customarily regarded as courts and are designated as such. Authorisations for the Land legislator under Art. 142 of the Introductory Act to the Civil Code |
| BVerfGE 11, 203-218 | Order of 14 June 1960 | 2 BvL 7/60 | The ‘promotion cut-off’ under § 110 of the Federal Civil Service Act (of 14 January 1953, Federal Law Gazette I p. 551) exceeds the discretion granted by Art. 33(5) of the Basic Law |
| BVerfGE 11, 218-220 | Order of 14 June 1960 | 2 BvR 96/60 | The court must consider and evaluate a submission filed within the deadline set under § 272a of the Code of Civil Procedure (Art. 103(1) of the Basic Law) |
| BVerfGE 11, 221-231 | Order of 21 June 1960 | 1 BvL 10/58, 1 BvL 25/58 | The entitlement to a funeral allowance from social health insurance does not include any claim to the contributions and benefits determined by law or statute remaining unchanged (Art. 14 of the Basic Law) |
| BVerfGE 11, 232-234 | Order of 22 June 1960 | 2 BvR 37/60 | Article 19(4) of the Basic Law does not grant an entitlement to commence an action to annul a local development plan (in North Württemberg) instead of applying for a judicial review of statutes before the Higher Administrative Court (§ 25 of the Act on Administrative Jurisdiction [of the Land Württemberg-Baden]) |
| BVerfGE 11, 234-239 | Order of 22 June 1960 | 2 BvR 125/60 | Compatibility of §§ 6(1), 5(2) and 21(1) of the Act on the Dissemination of Publications Harmful to Young Persons with the Basic Law |
| BVerfGE 11, 239-243 | Order of 22 June 1960 | 2 BvR 432/60 | If a political party wishes to assert claims of injury to its constitutional status as a result of the direct funding of parties (by the Land Lower Saxony), it may do so only in Organstreit proceedings |
| BVerfGE 11, 244-245 | Order of 23 June 1960 | 1 BvR 413/57 | A decision pursuant to § 90(2) second sentence of the Federal Constitutional Court Act is not possible if legal recourse against the challenged act of state has not been sought and can no longer be sought at the time of the decision |
| BVerfGE 11, 245-255 | Order of 28 June 1960 | 2 BvL 19/59 | Legislator’s leeway when granting compensation to prisoners of war (Art. 3(1) of the Basic Law) |
| BVerfGE 11, 255-262 | Order of 5 July 1960 | 1 BvR 232/58 | The principles for specific judicial review proceedings for the delimitation of pre-constitutional law do not apply to § 93(2) of the Federal Constitutional Court Act |
| BVerfGE 11, 263-265 | Order of 7 July 1960 | 2 BvR 435/60, 2 BvR 440/60 | Grounds for reopening a case pursuant to § 79(1) of the Federal Constitutional Court Act only exist if the judgment is based on a provision of substantive criminal law, not of procedural law or of the law governing the organisation of courts |
| BVerfGE 11, 266-277 | Order of 12 July 1960 | 2 BvR 373/60, 2 BvR 442/60 | Local political groups must have the right to nominate candidates and their candidates must be guaranteed equal opportunities to participate in municipal elections (Art. 28 of the Basic Law) |
| BVerfGE 11, 277-282 | Order of 21 July 1960 | 1 BvR 133/60 | On the constitutionality of § 1709(1) of the Civil Code (Arts. 3 and 6(5) of the Basic Law) |
| BVerfGE 11, 282-283 | Order of 25 July 1960 | 2 BvA 1/56 | Rejection of an application to pronounce the forfeiture of fundamental rights (Art. 18 of the Basic Law) as not sufficiently substantiated at present |
| BVerfGE 11, 283-293 | Order of 25 July 1960 | 1 BvL 5/59 | If economically identical situations are treated differently in legal terms, this does not necessarily amount to a violation of the general principle of equality; the fact that the relevant provisions belong to different types of regulatory systems must be taken into account (constitutional review of § 76 of the Employee Insurance Act in conjunction with § 119 of the Reich Insurance Code and § 850i of the Code of Civil Procedure) |
| BVerfGE 11, 294-299 | Order of 25 July 1960 | 1 BvL 11/57 | Compensation for measures (reallocation procedure, building freeze) pursuant to the Rhineland-Palatinate Reconstruction Act (of 1 August 1949, Law and Ordinance Gazette p. 317) |
| BVerfGE 11, 299-306 | Order of 28 September 1960 | 2 BvR 92/60 | ‘Principle of the unity of the highest civil service authority’ (Art. 33(5) of the Basic Law; Article 131 Act) |
| BVerfGE 11, 306-309 | Order of 5 October 1960 | 2 BvR 536/60 | Cancellation of an election day scheduled for municipal elections in Lower Saxony by preliminary injunction |
| BVerfGE 11, 310-326 | Order of 11 October 1960 | 1 BvL 2/59, 1 BvL 35/59 | It does not violate the principles of democracy and equality that the employees concerned are not involved in the ballot when guild health insurance funds are established (§ 225a of the Reich Insurance Code; § 14(3) of the Self-Government Act as amended on 13 August 1952 – Federal Law Gazette I p. 427) |
| BVerfGE 11, 326-328 | Order of 11 October 1960 | 2 BvR 329/60 | A decision that declares the execution of judgments issued in the Soviet Zone based on the Trade Protection Act to be permissible violates the constitutional order of the Federal Republic of Germany and thus the fundamental right to the free development of one’s personality (Art. 2(1) of the Basic Law) |
| BVerfGE 11, 329-339 | Order of 20 October 1960 | 2 BvQ 6/60 | An application for a preliminary injunction against the non-admission of an election nomination in order to effect a suspension of city council elections constitutes an abuse of rights if it was filed before all legal remedies were exhausted (§§ 32 and 34(4) of the Federal Constitutional Court Act) |
| BVerfGE 11, 330-336 | Order of 25 October 1960 | 1 BvL 8/56 | The possibility of not having to take evidence does not justify a referral pursuant to Art. 100(1) of the Basic Law; what is relevant is whether the decision in the initial proceedings depends on the validity of the provision |
| BVerfGE 11, 336-339 | Order of 25 October 1960 | 1 BvR 701/57 | After an administrative act has been annulled, there is no recognised legal interest in obtaining a judgment declaring the constitutional incompatibility of the act |
| BVerfGE 11, 339-343 | Order of 2 November 1960 | 2 BvQ 9/60 | (Abusive) application to intervene in a legislative procedure by means of a preliminary injunction. Entitlement to submit a statement pursuant to § 82(3) of the Federal Constitutional Court Act does not lead to the legal ability to file an application pursuant to § 32 of the Federal Constitutional Court Act |
| BVerfGE 11, 343-351 | Order of 2 November 1960 | 2 BvR 473/60 | ‘The same case’ within the meaning of § 18(1) no. 2 of the Federal Constitutional Court Act. A formal decision is dispensable in the event of abuse of the right to challenge the participation of Justices. A generally permissible measure does not become an impermissible individual law due to the fact that it affects only one person (§ 48(2) of the Schleswig-Holstein Denazification Act as amended on 6 July 1948 – Law and Ordinance Gazette pp. 33 and 199) |
| BVerfGE 11, 351-366 | Judgment of 2 November 1960 | 2 BvR 504/60 | At the municipal level, it must be possible to draw up reserve lists also for candidates without a party affiliation |
| BVerfGE 11, 366-367 | Order of 2 November 1960 | 2 BvR 504/60 | Reimbursement of costs by the Land to which the successfully challenged violation of fundamental rights that is contained in Land legislation is attributable |
Volume 10
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 10, 1-4 | Order of 7 July 1959 | 2 BvL 5/59 | Manifestly untenable view of the referring court. Referral becoming inadmissible (§ 80(2) of the Federal Constitutional Court Act; §§ 4a and 23c of the Tenant Protection Act) |
| BVerfGE 10, 4-20 | Judgment of 14 July 1959 | 2 BvE 2/58, 2 BvE 3/58 | Limitation of speaking time in the Bundestag (Bundestag members, parliamentary groups, government members; Arts. 38, 21, 43(2) second sentence of the Basic Law). – Privilege of Bundestag members to represent themselves, or be represented by another member, in Organstreit proceedings (§ 22(1) second sentence of the Federal Constitutional Court Act). |
| BVerfGE 10, 20-55 | Judgment of 14 July 1959 | 2 BvF 1/58 | The Act on the Establishment of a ‘Prussian Cultural Heritage’ Foundation and on the Transfer of Assets of the Former State of Prussia to the Foundation of 25 July 1957 (Federal Law Gazette I p. 841) is compatible with the Basic Law (Arts. 135 and 87(3) first sentence of the Basic Law) |
| BVerfGE 10, 55-59 | Order of 14 July 1959 | 1 BvL 28/57 | § 1(1) first sentence of the Act on Measures in the Field of Animal Production (Animal Breeding Act) of 7 July 1949 (Law Gazette of the Administration of the United Economic Zone p. 181) and § 9 of this Act, insofar as it makes violations of § 1(1) first sentence subject to punishment, are compatible with the Basic Law (Arts. 2(1), 12 and 14 of the Basic Law) |
| BVerfGE 10, 59-89 | Judgment of 29 July 1959 | 1 BvR 205/58 | §§ 1628 and 1629(1) of the Civil Code as amended by the Equal Rights Act of 18 June 1957 (Federal Law Gazette I p. 609) are void (Arts. 3(1), 2 and 6(1) of the Basic Law |
| BVerfGE 10, 89-118 | Judgment of 29 July 1959 | 1 BvR 394/58 | Art. 9 of the Basic Law does not prevent mandatory membership of associations under public law. – Commercial companies can invoke the general freedom of action (Art. 2(1) of the Basic Law) even if they are not legal persons |
| BVerfGE 10, 118-124 | Order of 6 October 1959 | 1 BvL 118/53 | Institutional independence and protection of the press. – Exclusive decision-making competence of the Federal Constitutional Court with regard to the forfeiture of the fundamental right of freedom of the press (Arts. 5 and 18 of the Basic Law) |
| BVerfGE 10, 124-129 | Order of 6 October 1959 | 1 BvL 13/58 | The Federal Constitutional Court's exclusive decision-making competence pursuant to Art. 100(1) second sentence of the Basic Law does not extend to the question of whether a Land law is incompatible with a subsequently enacted federal law |
| BVerfGE 10, 129-134 | Order of 6 October 1959 | 1 BvL 25/59 | The law on children born out of wedlock was not incorporated into the will of the legislator by the Equal Rights Act of 18 June 1957, i.e. it did not become post-constitutional law as a result (Art. 100(1) of the Basic Law) |
| BVerfGE 10, 134-136 | Order of 14 October 1959 | 1 BvR 28/58 | A bar association cannot assert fundamental rights of its members in constitutional complaint proceedings |
| BVerfGE 10, 136-141 | Order of 20 October 1959 | 1 BvR 125/59 | A prosecuted person may not be returned to the surrendering state if their German citizenship is proven before the end of the person’s transit |
| BVerfGE 10, 141-177 | Order of 27 October 1959 | 2 BvL 5/56 | A public law fire insurance institution with mandatory membership may, by virtue of authorisation under Land law, provide voluntary benefits beyond the conversion quota of the currency legislation and impose a levy on all insured persons in accordance with its tasks (Arts. 73 no. 4, 74 no. 11 and 106(1) of the Basic Law) |
| BVerfGE 10, 177-185 | Order of 3 November 1959 | 1 BvR 13/59 | Even if facts are common knowledge to a court, it must make them a subject of the hearing (Art. 103(1) of the Basic Law) |
| BVerfGE 10, 185-200 | Order of 17 November 1959 | 1 BvL 80/53, 1 BvL 81/53, 1 BvL 32/55 inter alia | The necessity test for the admission of persons authorised to represent parties before a court without being a lawyer (§ 157(3) second sentence of the Code of Civil Procedure) is compatible with Article 12(1) of the Basic Law |
| BVerfGE 10, 200-221 | Order of 17 November 1959 | 1 BvR 88/56, 1 BvR 59/57, 1 BvR 212/59 | Act no. 241 of the Land Württemberg-Baden on the Jurisdiction of Justices of the Peace of 29 March 1949 is void (principle of separation of powers; Arts.92 and 101(1) second sentence of the Basic Law) |
| BVerfGE 10, 221-228 | Order of 17 November 1959 | 1 BvR 94/57 | If an authorisation to issue ordinances stipulates that independent experts must be consulted before a substantive decision is rendered, the failure to consult independent experts renders the ordinance void (Art. 80 of the Basic Law) |
| BVerfGE 10, 229-234 | Order of 2 December 1959 | 1 BvR 469/52 | Decisions on a constitutional complaint challenging a judgment of one of the supreme federal courts in a ‘Berlin case’ |
| BVerfGE 10, 234-250 | Order of 15 December 1959 | 1 BvL 10/55 | On the question of the constitutional delimitation of offences covered by amnesty (Platow complex; amnesty for administrative staff and representatives of the press) |
| BVerfGE 10, 251-258 | Judgment of 15 December 1959 | 2 BvL 73/58 | On the interpretation of Art. 80(1) second sentence of the Basic Law |
| BVerfGE 10, 258-262 | Judgment of 15 December 1959 | 2 BvL 74/58 | On the interpretation of § 80(2) first sentence of the Federal Constitutional Court Act |
| BVerfGE 10, 262-263 | Order of 16 December 1959 | 1 BvL 17/59 | On the granting of legal aid in proceedings pursuant to Art. 100(1) of the Basic Law |
| BVerfGE 10, 264-271 | Order of 12 January 1960 | 1 BvL 17/59 | Art. 24 of the Bavarian Costs Act of 17 December 1956 (Law and Ordinance Gazette p. 361) – according to which the application in administrative court proceedings is deemed to be withdrawn if the advance on court costs levied is not paid within the payment period – is compatible with the Basic Law |
| BVerfGE 10, 271-274 | Order of 14 January 1960 | 2 BvR 243/60 | A constitutional complaint cannot be based on the European Convention on Human Rights |
| BVerfGE 10, 274-285 | Judgment of 28 January 1960 | 1 BvR 145/58, 1 BvR 746/58 | Right to be heard if the clerk of the court refuses to accept responsibility for the grounds of an appeal in a criminal case |
| BVerfGE 10, 285-302 | Order of 2 February 1960 | 2 BvF 5/58 | The federal legislator can determine the scope of jurisdiction of the supreme federal courts with regard to the scope of the law on which appeals on points of law can be based also insofar as it concerns the application of Land law (Art. 74 no. 1 and Art. 99 of the Basic Law; § 127 of the Act Defining the Scope of Civil Servants' Rights and Duties) |
| BVerfGE 10, 302-331 | Order of 10 February 1960 | 1 BvR 526/53, 1 BvR 29/58 | A judicial decision pursuant to Art. 104(2) first and second sentence of the Basic Law is also required if a guardian, exercising their right to determine a legally incapacitated person’s place of residence, places a person who has reached the age of majority in a secure psychiatric hospital |
| BVerfGE 10, 331-332 | Order of 16 February 1960 | 2 BvH 1/60 | Subsidiarity of recourse to the Federal Constitutional Court in the event of public-law disputes within a Land (Art. 93(1) no. 4 of the Basic Law) in view of the possibility that the Court for State Matters of a Land could deviate from its previous decision and adopt the legal view of the Federal Constitutional Court |
| BVerfGE 10, 332-340 | Order of 23 February 1960 | 2 BvL 8/59 | § 98a of the German Civil Service Act was suspended by Art. III of the Allied Control Council Act no. 34 of 20 August 1946 (Control Council Law Gazette p. 172) |
| BVerfGE 10, 340-354 | Order of 25 February 1960 | 1 BvL 8/55 | On the application of the general principle of equality to the principle of aggregate sentencing in amnesty law |
| BVerfGE 10, 354-372 | Order of 25 February 1960 | 1 BvR 239/52 | Mandatory enrolment in a pension scheme for doctors (Arts. 2, 9, 11 and 12 of the Basic Law; Art. 47(1) of the Bavarian Insurance Act) |
| BVerfGE 10, 372-383 | Order of 9 March 1960 | 1 BvL 16/57 | § 29(4) of the Property Tax Act as amended on 10 August 1951 (Federal Law Gazette I p. 519) is compatible with the Basic Law. – Equity provision vis-à-vis cut-off date (Art. 3 of the Basic Law; § 158(1) of the Fiscal Code) |