Volume 29

Table of contents volume 29
ReferenceDecisionFile referenceDecision title
BVerfGE 29, 1-11Order of 9 June 19702 BvL 14/66Matrimonial clause in the law governing the remuneration of civil servants that prohibits a claim for child supplement in the event of the child’s marriage is void
BVerfGE 29, 11-18Order of 9 June 19702 BvL 16/68Former Land law provision imposing an administrative fine for building without a permit is void due to its incompatibility with § 367(1) no. 15 of the Criminal Code; subsequent elimination of the precluding effect pursuant to Art. 72(1) of the Basic Law
BVerfGE 29, 18-19Order of 9 June 19702 BvC 1/70Electoral scrutiny; joinder by 100 eligible voters
BVerfGE 29, 19-20Order of 9 June 19702 BvC 2/70Electoral complaint; formal requirements
BVerfGE 29, 20-21Order of 9 June 19702 BvC 3/70Electoral complaint; time limit
BVerfGE 29, 21-22Order of 9 June 19702 BvC 4/70Electoral complaint; formal requirements
BVerfGE 29, 22-34Order of 23 June 19702 BvL 8/65On the failure to take into account contribution periods accrued in the GDR under public pension insurance law that are also the basis for civil service pension benefits (§ 18(3) first sentence of the Foreign Pensions Act (old version))
BVerfGE 29, 34-39Order of 23 June 19702 BvL 49/69Inadmissibility of a referral by Local Court because the Higher Regional Court, as the referring court’s reviewing court, had found the referred provision to be constitutional when it remanded the case to the Local Court (§ 426(2) first sentence of the Fiscal Code; jurisdiction for punishing tax offences)
BVerfGE 29, 39-44Order of 23 June 19702 BvL 4/70Inadmissibility of a referral; pre-constitutional law; legislator’s intent to include pre-constitutional law (§§ 9a, 10 no. 4 of the Act Against Unfair Competition)
BVerfGE 29, 45-51Order of 30 June 19702 BvR 48/70Lawful judge; determination of an incompetent court by the next higher level of jurisdiction (§ 36 of the Code of Civil Procedure)
BVerfGE 29, 51-57Order of 14 July 19701 BvL 2/67Loss of income by self-employed persons subject to mandatory military service due to requirement to undergo registration and physical examinations
BVerfGE 29, 57-71Order of 14 July 19701 BvR 191/67Matrimonial clause excluding orphans who are married from receiving orphan’s pension under the Federal War Victims’ Pension Act incompatible with Art. 6(1) of the Basic Law
BVerfGE 29, 71-83Order of 14 July 19701 BvL 10/67Matrimonial clause excluding children who are married from receiving child benefit under the Federal Child Benefits Act incompatible with Art. 3(1) in conjunction with Art. 6(1) of the Basic Law
BVerfGE 29, 83-98Order of 21 July 19702 BvR 255/69Inadmissibility of a constitutional complaint due to the fact that the complainant was not directly affected by the challenged provision (Act on the Adaptation of the Hard Coal Mining Industry; corresponding ordinance)
BVerfGE 29, 98-103Order of 21 July 19702 BvL 7/70Inadmissibility of a referral for specific judicial review due to irrelevance of the referred question (Hesse Act on the Remuneration of Judges and Public Prosecutors; lawful judge)
BVerfGE 29, 104-120Order of 22 July 19701 BvR 285/66,
1 BvR 445/67,
1 BvR 192/69		Treatment of pension provisions for employed spouses under income tax law
BVerfGE 29, 120-125Order of 22 July 19701 BvR 230/70Preliminary injunction; introduction of a mandatory facilitating stage during Years 5 and 6 in several school districts
BVerfGE 29, 125-147Order of 22 July 19702 BvL 8/70Transfer of jurisdiction on academic disciplinary matters to the administrative courts by way of Land law (Baden-Württemberg Higher Education Act)
BVerfGE 29, 148-154Order of 6 October 19702 BvL 17/68Interruption of limitation periods for the criminal prosecution of fiscal offences by non-judicial measures (§ 419(2) of the Reich Fiscal Code)
BVerfGE 29, 154-165Order of 6 October 19702 BvR 225/70Principle of equal elections; order of nominations in case of simultaneous district and municipal elections (Lower Saxony Municipal Elections Act)
BVerfGE 29, 166-178Order of 7 October 19701 BvR 409/67Marriage pursuant to the Wehrmacht Ordinance on the Implementation of the Civil Status Act (long-distance wedding ceremony)
BVerfGE 29, 178-179Order of 7 October 19701 BvL 22/70Composition of the Finance Court’s judicial bench when making an order of referral
BVerfGE 29, 179-183Order of 13 October 19701 BvR 622/70Counter-cyclical surcharge; preliminary injunction
BVerfGE 29, 183-198Order of 13 October 19701 BvR 226/70Return of a German citizen after previous provisional extradition
BVerfGE 29, 198-213Order of 13 October 19702 BvR 618/68Further specification of an authorisation to issue ordinances by reference to provisions of the European Communities; authorisation to determine threshold prices for calculating the levies payable under the Council Regulation (EEC) on the gradual establishment of a common organisation of the market in cereals for imported cereal products
BVerfGE 29, 213-221Order of 13 October 19702 BvR 619/68Same as in proceedings 2 BvR 618/68 of 13 October 1970
BVerfGE 29, 221-245Order of 14 October 19701 BvR 307/68Abolition of annual income limits in the statutory pension scheme for employees
BVerfGE 29, 245-260Order of 14 October 19701 BvR 753/68,
1 BvR 695/70,
1 BvR 696/70		No permanent possibility of exemption from the statutory pension scheme for employees with high salaries
BVerfGE 29, 260-268Order of 14 October 19701 BvR 306/68Employer contributions for employees who have become subject to mandatory enrolment in the statutory pension scheme due to the abolition of the annual income limit
BVerfGE 29, 268-277Order of 14 October 19701 BvR 690/70,
1 BvR 694/70		Back-payment of contributions to the statutory pension scheme after abolition of annual income limits
BVerfGE 29, 277-283Order of 14 October 19701 BvR 692/70Early old-age pensions for female employees voluntarily enrolled in the statutory pension scheme after abolition of the annual income limit; prior clarification of the interpretation of ordinary law
BVerfGE 29, 283-304Order of 27 October 19701 BvR 51/68,
1 BvR 587/68,
1 BvR 759/58,
1 BvR 693/70		On the different treatment of employees enrolled in the statutory pension scheme on a voluntary basis depending on whether they had already paid contributions for at least half of the entire period of coverage prior to 1 January 1968
BVerfGE 29, 304-312Order of 27 October 19701 BvR 180/68,
1 BvR 194/68,
1 BvR 202/68,
1 BvR 166/70,
1 BvR 704/70		Waiver of exemption from mandatory enrolment in the statutory pension scheme
BVerfGE 29, 312-318Order of 27 October 19701 BvR 557/68Counting periods of extradition detention endured abroad towards the execution of a criminal penalty
BVerfGE 29, 318-325Order of 10 November 19701 BvR 398/70Hesse University Law; preliminary injunction
BVerfGE 29, 325-327Order of 8 December 19701 BvL 9/60Inadmissibility of referral for specific judicial review due to the repeal of the challenged provision during the course of the proceedings
BVerfGE 29, 327-336Order of 8 December 19701 BvR 95/68On the doubling of taxes on licences to sell alcoholic beverages for taxpayers who operate more than one inn or public house
BVerfGE 29, 337-340Order of 8 December 19701 BvR 104/70On the applicability of the right to equality to compensatory measures taken in response to the appreciation of the German Mark (Deutsche Mark) in the field of agriculture
BVerfGE 29, 340-345Order of 8 December 19702 BvR 61/70Denial of the right to be heard (rejection of legal remedies based on stamp indicating the date on which a teletype message was registered as received)
BVerfGE 29, 345-348Order of 8 December 19702 BvR 210/70Denial of the right to be heard (no notification of the presiding judge’s request for information and the obtained information)
BVerfGE 29, 348-401Order of 9 December 19701 BvL 7/66Interpretation of the German-Dutch Treaty of Settlement (Financial Treaty) and Law No. 63 of the Allied High Commission; division into separate enterprises
BVerfGE 29, 402-413Order of 15 December 19701 BvR 559, 571, 568/70Counter-cyclical surcharge
BVerfGE 29, 413-437Order of 15 December 19701 BvR 208/65On the limited possibility to claim compensation from the Reich Food Estate due to closure of operations; principles concerning Reich liabilities apply accordingly to liabilities of corporations established under public law that no longer exist (Art. 135(5) of the Basic Law)

Volume 28

Table of contents volume 28
ReferenceDecisionFile referenceDecision title
BVerfGE 28, 1-10Order of 28 January 19701 BvR 719/68On the admissibility of constitutional complaints challenging judgments of the Federal Court of Justice dismissing an appeal on points of law; constitutional complaints against decisions on the compulsory enforcement of judgments and other executory titles; appeal on points of law in case of a combination of pecuniary and non-pecuniary claims; enforcement of judgments ordering the retraction of a statement (imposition of a duty on the defendant to sign the retraction in their own hand)
BVerfGE 28, 10-17Order of 28 January 19702 BvR 319/62Guarantee of recourse to the courts; review of assessment of costs in criminal proceedings
BVerfGE 28, 17-20Order of 17 February 19702 BvR 608/69Requirements for asserting a violation of Art. 103(1) of the Basic Law
BVerfGE 28, 21-36Order of 18 February 19701 BvR 226/69Duty of lawyers to appear in court wearing their official robes
BVerfGE 28, 36-50Order of 18 February 19702 BvR 531/68Breach of official duty on part of Bundeswehr officers and non-commissioned officers who question the free democratic basic order in a political discussion while on duty; requirement to expressly specify the affected fundamental rights; abuse of fundamental rights in order to combat the free democratic basic order
BVerfGE 28, 51-55Order of 18 February 19702 BvR 481/68Attempt by a soldier to incite his comrades against the free democratic basic order (distribution of leaflets in front of barracks)
BVerfGE 28, 55-66Order of 18 February 19702 BvR 746/68Violation of respect owed to a military superior; comment in a letter to the editor on the publicly disseminated opinion of a superior; requirement to expressly specify the affected fundamental rights
BVerfGE 28, 66-88Order of 24 February 19702 BvL 12/69,
2 BvR 467/68,
2 BvR 26/66,
2 BvR 665/65		An exclusion of the requirement that the Bundesrat consent to ordinances on the use of postal and telecommunication facilities is only possible by way of a federal law enacted with the consent of the Bundesrat (increase in telephone charges)
BVerfGE 28, 88-96Order of 10 March 19702 BvR 721/67Start of the time period for lodging a constitutional complaint in cases where the directly affected person was not a party to the previous court proceedings
BVerfGE 28, 97-104Order of 10 March 19702 BvQ 1/70Recourse to the administrative courts in case of applications for reimbursement of election campaign costs (Aktion Demokratischer Fortschritt (ADF))
BVerfGE 28, 104-118Order of 18 March 19701 BvR 498/66Substantiating a constitutional complaint by reference to the attached reasons for a previous appeal on points of law; dormant pension claim of an entitled recipient wrongfully detained in the GDR
BVerfGE 28, 119-151Order of 18 March 19702 BvO 1/65Proceedings regarding a dispute as to whether a law continues to apply as federal law; the law concerning gambling establishments as a law to safeguard public security and order does not continue to apply as federal law (use of tronc revenue); ordinances also constitute law within the meaning of Art. 126 of the Basic Law and § 86(2) of the Federal Constitutional Court Act
BVerfGE 28, 151-163Order of 14 April 19701 BvR 33/68Constitutional complaint against a judgment of acquittal
BVerfGE 28, 163-175Order of 14 April 19702 BvL 23/64Exclusion of pension claims of former members of the Reich Labour Service who were retired before 9 May 1945 with lifelong service benefits (§ 55(1) of the Article 131 Act)
BVerfGE 28, 175-191Order of 15 April 19702 BvR 396/69Constitutionality of criminal provisions on treasonous relations (§ 100e(1) of the Criminal Code (old version) in conjunction with §§ 2(2) second sentence, 99 of the Criminal Code)
BVerfGE 28, 191-206Order of 28 April 19701 BvR 690/65Constitutionality of the criminal offence of breach of official secrecy (§ 353b of the Criminal Code); obligation of civil servants or public service employees to first exhaust the remedies of the institutional order of the democratic state before publicly disclosing their belief that their authority has acted unconstitutionally
BVerfGE 28, 206-214Order of 28 April 19701 BvL 4/68Child allowance in the context of housing benefit; no child allowance for children who are not members of a household
BVerfGE 28, 214-220Order of 28 April 19702 BvR 313/68Decisions 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; dismissal of a constitutional complaint (Electoral Act of the Land Baden-Württemberg)
BVerfGE 28, 220-226Order of 6 May 19702 BvR 158/70Voting rights in a referendum pursuant to Art. 29(3) of the Basic Law (domicile or permanent place of residence, referendum in parts of Baden-Württemberg)
BVerfGE 28, 227-243Order of 11 May 19701 BvL 17/67Privileged treatment of farmers with regard to the taxation of profits from the sale of land
BVerfGE 28, 243-264Order of 26 May 19701 BvR 83/69,
1 BvR 244/69,
1 BvR 345/69		Refusal to perform official duties on part of a soldier whose application seeking recognition as a conscientious objector had not yet been finally decided
BVerfGE 28, 264-281Order of 26 May 19701 BvR 668/68,
1 BvR 710/68,
1 BvR 337/69		Repeated punishment by detention in disciplinary proceedings regarding a soldier who had not been recognised as a conscientious objector at the time of punishment
BVerfGE 28, 282-295Order of 26 May 19701 BvR 657/68Posting leaflets from opponents of military service on a notice board within a Bundeswehr compound by a Bundeswehr soldier; submission to a GDR radio station. Requirement to expressly specify affected fundamental rights does not apply to §§ 14(1), 15(1) of the Act on the Legal Status of Military Personnel
BVerfGE 28, 295-310Order of 26 May 19702 BvR 664/65Recruitment of new members as part of the freedom of labour coalitions; restrictions on recruitment by members of the staff council in the workplace during working hours
BVerfGE 28, 310-313Order of 26 May 19702 BvR 686/65Same as in proceedings 2 BvR 664/65 of 26 May 1970
BVerfGE 28, 314-324Order of 26 May 19702 BvR 311/67Inadmissibility of a constitutional complaint by the chair of the staff council against administrative court decisions regarding objections to the staff council’s activity report
BVerfGE 28, 324-363Order of 27 May 19701 BvL 22/63,
1 BvL 27/64		Matrimonial clauses excluding orphans who are married from receiving orphan’s pension under the public pension scheme incompatible with Art. 6(1) of the Basic Law
BVerfGE 28, 364-377Order of 27 May 19702 BvR 117/65On the necessity to have the documents required for the assessment of a construction project and the processing of the application for a construction permit signed by the architect - requirement of mandatory involvement of an architect - (Baden-Württemberg Building Regulations)
BVerfGE 28, 378-386Order of 27 May 19702 BvR 578/69Denial of the right to be heard (failure to properly consider an application by the plaintiff)
BVerfGE 28, 386-391Order of 9 June 19701 BvL 24/69On the constitutionality of § 14(1) of the Criminal Code (imprisonment for a term less than six months)

Volume 27

Table of contents volume 27
ReferenceDecisionFile referenceDecision title
BVerfGE 27, 1-10Order of 16 July 19691 BvL 19/63Constitutionality of a representative statistical survey (microcensus)
BVerfGE 27, 10-18Order of 16 July 19692 BvH 1/67Legal recourse to the Bavarian Constitutional Court in case of a constitutional dispute within Bavaria regarding the validity of the Bavarian clause requiring a 10% minimum of gained votes
BVerfGE 27, 18-36Order of 16 July 19692 BvL 2/69Legislative competence for ‘criminal law’ (Art. 74 no. 1 of the Basic Law) also encompasses the law relating to administrative offences
BVerfGE 27, 36-44Order of 16 July 19692 BvL 11/69Permissibility of a driving ban as an incidental legal consequence of an administrative offence
BVerfGE 27, 44-56Judgment of 22 July 19692 BvK 1/67Continuation of the office of the Land head of government when a new Landtag (state parliament) convenes (Schleswig-Holstein)
BVerfGE 27, 57-57Order of 2 October 19691 BvR 132/67Granting of legal aid at the stage of proceedings prior to the oral hearing before the Federal Constitutional Court
BVerfGE 27, 58-70Order of 2 October 19691 BvL 12/68Reduction of tax deductions for road mileage between home and workplace
BVerfGE 27, 71-88Order of 3 October 19691 BvR 46/65Freedom of information as an independent fundamental right to be distinguished from freedom of expression and freedom of the press; general accessibility of a source of information; import of magazines from the GDR
BVerfGE 27, 88-104Order of 14 October 19691 BvR 30/66Surveillance of postal items sent from the GDR to the Federal Republic of Germany does not constitute a violation of Art. 5(1) first sentence of the Basic Law; delays in delivering a newspaper as an interference with freedom of information
BVerfGE 27, 104-111Order of 14 October 19691 BvR 93/67Balancing the general interest in obtaining information against the interest in state security with regard to the seizure and confiscation of a printed publication imported from the GDR
BVerfGE 27, 111-132Order of 7 October 19692 BvL 3/66,
2 BvR 701/64		Taxation (income tax) of profits from the sale of a substantial stake in a private limited company
BVerfGE 27, 133-142Order of 7 October 19692 BvL 12/65No contribution by former public employer of a local municipal civil servant to the pension scheme of that official if he transferred to a different public employer before 1 April 1951 while maintaining the same legal status
BVerfGE 27, 142-152Order of 7 October 19692 BvR 555/67Payment of child supplement for a ‘foster grandchild’ born out of wedlock under the Federal Civil Servants’ Remuneration Act
BVerfGE 27, 152-158Order of 7 October 19692 BvQ 2/69Repayment of an advance on election campaign costs (Deutsche Friedens-Union); rejection of an application for a preliminary injunction challenging the order of repayment
BVerfGE 27, 159-162Order of 28 October 19692 BvL 7/69Inadmissibility of a referral due to manifestly untenable view of the referring court (‘catalogue of administrative fines’ and transition from penalty order proceedings to administrative offence proceedings)
BVerfGE 27, 162-167Order of 29 October 19691 BvL 12/67Inadmissibility of a referral due to manifestly untenable view of the referring court (Final Federal Compensation Act, introduction of a time limit for establishing a residence as a requirement for full compensation claims)
BVerfGE 27, 167-174Order of 29 October 19691 BvL 19/69Final Federal Compensation Act, introduction of a time limit for establishing a residence as a requirement for full compensation claims
BVerfGE 27, 175-180Order of 29 October 19691 BvR 65/68No reimbursement of the successfully objecting party’s necessary costs in ‘isolated’ non-judicial preliminary proceedings without subsequent court proceedings (Code of Administrative Court Procedure)
BVerfGE 27, 180-195Order of 29 October 19692 BvR 545/68Disciplinary jurisdiction for the medical profession; ne bis in idem; accumulation of a criminal fine for failure to render assistance and a disciplinary fine for the same conduct
BVerfGE 27, 195-211Order of 14 November 19691 BvL 24/64Selection of a group of alternative schools as approved private schools
BVerfGE 27, 211-220Order of 14 November 19691 BvR 253/68On the obligation to observe the principle of proportionality when ordering a physical examination of the accused (§ 81a of the Code of Criminal Procedure); on the requirement to specify reasons for lodging a constitutional complaint in accordance with § 92 of the Federal Constitutional Court Act
BVerfGE 27, 220-231Order of 14 November 19691 BvL 4/69Exclusion of social welfare assistance recipients from housing benefits
BVerfGE 27, 231-240Order of 2 December 19692 BvR 560/65Denial of restitution claims due to dishonest behaviour of the claimant. Setting aside a settlement concluded in restitution proceedings before forfeiture clause entered into force
BVerfGE 27, 240-248Order of 2 December 19692 BvK 1/69Municipalities and associations of municipalities lack the legal ability to be a party to constitutional disputes within a Land within the meaning of Art. 93(1) no. 4 of the Basic Law
BVerfGE 27, 248-253Order of 2 December 19692 BvR 320/69Denial of the right to be heard (failure to take into account the factual submissions of a party to the proceedings)
BVerfGE 27, 253-294Order of 3 December 19691 BvR 624/56Compensation for damage due to occupation incurred in the time prior to the currency reform
BVerfGE 27, 294-297Order of 16 December 19692 BvK 2/69Six-month time limit for bringing a constitutional dispute within a Land or another public-law dispute to the Federal Constitutional Court (Arts. 99, 93(1) no. 4 of the Basic Law)
BVerfGE 27, 297-312Order of 17 December 19692 BvR 23/65Judicial review of the competent authority’s discretionary decision to reassess a claim for compensation for injustices suffered by a member of the public service at the hands of the National Socialists after the authority’s earlier decision had become final and binding
BVerfGE 27, 312-325Order of 17 December 19692 BvR 271/68,
2 BvR 342/68		Constitutionality of § 14(3) of the Social Courts Act (list of nominees for tenure as social court judges for matters concerning the law governing physicians affiliated with statutory health insurances)
BVerfGE 27, 326-344Order of 15 January 19701 BvR 293/62No compensation for financial losses suffered as a result of deprivation of liberty by the occupying power
BVerfGE 27, 344-355Order of 15 January 19701 BvR 13/68Release of divorce files to the investigating officer in disciplinary proceedings
BVerfGE 27, 355-364Order of 20 January 19702 BvR 149/65Selection, appointment and status of judges on disciplinary tribunals for doctors (Baden-Württemberg); authorisation of the Land medical association to establish district disciplinary tribunals; rules governing the competence of and procedure before disciplinary tribunals for doctors
BVerfGE 27, 364-375Order of 21 January 19702 BvL 27/63Remuneration of retired civil servants earned from employment at a state-owned enterprise must not be offset against their pension
BVerfGE 27, 375-390Order of 28 January 19701 BvL 4/67Additional tax on sparkling wine and wine spirits
BVerfGE 27, 391-399Order of 28 January 19701 BvL 8/68,
1 BvL 19/68		Reimbursement of costs for the necessary consultation of an authorised representative in preliminary proceedings by a taxpayer who won in Finance Court

Volume 26

Table of contents volume 26
ReferenceDecisionFile referenceDecision title
BVerfGE 26, 1-14Order of 13 May 19691 BvR 25/65Addition of permanent debt and permanent debt interest to the business capital or trade earnings for the purpose of trade tax assessment
BVerfGE 26, 14-16Order of 13 May 19691 BvR 226/69Preliminary injunction (refusal of a lawyer to appear in official robes)
BVerfGE 26, 16-37Order of 14 May 19691 BvR 615/67,
1 BvR 303/68		Compensation to severely injured persons for loss of earnings pursuant to the Federal War Victims’ Pension Act; grouping all self-employed persons with a university degree into one professional group with the average income of the remuneration grade A 14; proof of a higher average income
BVerfGE 26, 37-40Order of 14 May 19692 BvR 613/67Denial of the right to be heard (court hearing an appeal on points of law relied on different facts than those established by the lower court without hearing the accused)
BVerfGE 26, 41-44Order of 14 May 19692 BvR 238/68Sufficient specificity of a criminal law provision; constitutionality of the offence of committing grossly offensive acts and causing public nuisance
BVerfGE 26, 44-66Order of 3 June 19691 BvL 1/63,
1 BvL 1/64,
1 BvL 10/66		Dependence of an illegitimate child’s maintenance claim on mother’s economic status
BVerfGE 26, 66-72Order of 3 June 19691 BvL 7/68Rules governing the admission of private accessory prosecution (§ 395 of the Code of Criminal Procedure)
BVerfGE 26, 72-78Order of 4 June 19692 BvR 429/65Remuneration of judges at the Bavarian Highest Ordinary Land Court and presiding judges of the divisions at the Bavarian Higher Regional Courts
BVerfGE 26, 79-100Order of 4 June 19692 BvR 33/66,
2 BvR 387/66		Judges must not be classified as belonging to a higher remuneration grade based on a discretionary decision of the judicial administration without the conferral of a higher office (Bavarian Local Court judges and presiding judges at the Social Courts)
BVerfGE 26, 100-115Order of 4 June 19692 BvR 86/66,
2 BvR 245/66		Judges and presiding judges of divisions at the Higher Regional Court, the Higher Social Court and the Higher Administrative Court must not be classified as belonging to different remuneration grades; presidents and vice-presidents of the Higher Regional Courts must not be classified as belonging to a lower remuneration grade than presidents or vice-presidents of the Higher Administrative Court in North Rhine-Westphalia
BVerfGE 26, 116-141Order of 4 June 19692 BvR 173/66,
2 BvR 295/66,
2 BvR 659/66 inter alia		On the classification of judges at the Finance Court as belonging to lower remuneration grades than judges at other higher Land courts; changes in status and tasks of certain officials may subsequently render an initially constitutional remuneration act unconstitutional
BVerfGE 26, 141-163Order of 4 June 19692 BvR 343/66,
2 BvR 377/66,
2 BvR 333/66,
2 BvR 323/66		General comparison between the remuneration of judges and civil servants; entry-level remuneration for judges (Hesse Remuneration Scheme 1965) is not incommensurate with the alimentation of judges and their families. Judicial independence is not threatened by this provision of remuneration law
BVerfGE 26, 163-172Order of 4 June 19692 BvR 412/66,
2 BvR 120/68		Equal treatment of presiding judges of divisions at the Higher Labour Court, Higher Regional Court and the Higher Social Court under remuneration law
BVerfGE 26, 172-186Order of 10 June 19692 BvR 480/61No competence of the Federation to directly regulate the financial affairs of municipalities; increase of the trade tax threshold; no guarantee of the amount of revenue generated by municipalities from non-personal taxes
BVerfGE 26, 186-206Order of 11 June 19692 BvR 518/66Disciplinary courts for lawyers are state courts; no participation of judicial selection committees in the selection of honorary judges for the supreme federal courts
BVerfGE 26, 206-215Order of 19 June 19691 BvR 125/60Claim of a child born out of wedlock to supplementary maintenance payments for unforeseen special needs
BVerfGE 26, 215-228Order of 19 June 19691 BvR 353/67Refusal of a permit pursuant to the Real Estate Transactions Act and guarantee of property
BVerfGE 26, 228-245Order of 24 June 19692 BvR 446/64Forced cooperation between a municipality and a special-purpose school association; definition of the term ‘law’ in § 91 first sentence of the Federal Constitutional Court Act, Art. 28(2) first sentence, Art. 93(1) no. 4b of the Basic Law
BVerfGE 26, 246-259Order of 25 June 19692 BvR 128/66Professional title of engineers; no competence of the Federation to enact the Law on Protecting the Professional Title ‘Engineer’
BVerfGE 26, 259-265Order of 25 June 19692 BvR 321/69Temporary driving ban for heavy duty trucks on motorways
BVerfGE 26, 265-281Order of 2 July 19691 BvR 669/64Requiring mother of a child born out of wedlock to pay for the costs of the child’s accommodation in a children’s home
BVerfGE 26, 281-302Order of 9 July 19692 BvL 25/64,
2 BvL 26/64		Subjecting Deutsche Bundesbahn (German Federal Railway) and Deutsche Bundespost (German Federal Post) to fees pursuant to Land law
BVerfGE 26, 302-314Order of 9 July 19692 BvL 20/65On the constitutionality of subjecting revenue from speculative transactions to income tax
BVerfGE 26, 315-321Order of 9 July 19692 BvR 753/68Denial of the right to be heard (reinstatement into one’s former procedural position with regard to a summary penalty order that was served by deposit at the post office)
BVerfGE 26, 321-327Order of 15 July 19691 BvL 22/65Disadvantaging spouses with regard to taxes on capital transactions
BVerfGE 26, 327-338Order of 15 July 19691 BvR 457/66Attributing a property that a partner has rented to his partnership to the partnership’s business assets - theory that the partnership’s balance sheet is merely a bundle of the individual balance sheets to be drawn up for each partner (Bilanzbündeltheorie)
BVerfGE 26, 338-400Order of 15 July 19692 BvF 1/64Railway Crossings Act; scope of the federal legislative competence for federal railways; planning approval procedure for construction and change of a piece of road at a railway crossing of the Deutsche Bundesbahn; removal of, traffic reduction measures at and change of railway crossings as a federal task; Federal Government within the meaning of Arts. 84(2), 85(2) first sentence of the Basic Law

Volume 25

Table of contents volume 25
ReferenceDecisionFile referenceDecision title
BVerfGE 25, 1-24Order of 18 December 19681 BvL 5/64,
1 BvL 14/64,
1 BvL 5/65 inter alia		Compatibility of the prohibition on establishing new mills or expanding existing mills pursuant to the Mill Act with the fundamental right to freely choose and practise one’s occupation
BVerfGE 25, 25-28Order of 14 January 19691 BvL 24/68Inadmissibility of a referral (pre-constitutional law – § 236 of the Criminal Code)
BVerfGE 25, 28-40Order of 14 January 19691 BvR 136/62Legal principles of the Federal Fiscal Court regarding the treatment of business splits under trade tax law
BVerfGE 25, 40-43Order of 14 January 19692 BvR 314/68Denial of the right to be heard (use of evidence from a police investigation that was not disclosed to the defendant in private prosecution proceedings)
BVerfGE 25, 44-64Order of 14 January 19691 BvR 553/64Expression of opinions that support the organisational cohesion of a banned political party (Communist Party of Germany - KPD). Art. 18 of the Basic Law and actions in favour of a political party that has been banned by the Federal Constitutional Court
BVerfGE 25, 64-69Order of 14 January 19691 BvR 511/64Supporting a political party (Communist Party of Germany - KPD) that has been declared unconstitutional through expression of opinions
BVerfGE 25, 69-79Order of 14 January 19691 BvR 176/66Criminal punishment for statements made in the context of membership in a banned political party which are not in themselves anti-constitutional; journalistic contributions on behalf of the banned Communist Party of Germany (KPD)
BVerfGE 25, 79-88Order of 15 January 19691 BvR 323/66Supporting a political party (Communist Party of Germany - KPD) that has been declared unconstitutional through expression of opinions
BVerfGE 25, 88-101Order of 15 January 19691 BvR 438/65Order of the criminal courts disqualifying members of the press from exercising their profession due to a criminal violation of the prohibition of a political party
BVerfGE 25, 101-112Order of 15 January 19691 BvR 723/65Tax exemption of wage supplements for work performed on Sundays, public holidays or at night
BVerfGE 25, 112-124Order of 15 January 19691 BvL 3/66Prohibition of building on dyke properties (Lower Saxony); definition of the content of property: expropriation
BVerfGE 25, 124-129Order of 15 January 19692 BvR 301/66Municipalities may only lodge a constitutional complaint if a law directly violates their right to self-government (supervision of the school system by the state)
BVerfGE 25, 129-137Order of 14 January 19692 BvL 10/67Inadmissibility of a referral (irrelevance of referred question; tax exemption for expense allowances) *
BVerfGE 25, 137-142Order of 15 January 19692 BvR 326/67Denial of the right to be heard (clearly ignoring a request for taking evidence)
BVerfGE 25, 142-155Order of 21 January 19692 BvL 11/64Offsetting a pension entitlement from a statutory pension scheme acquired by a civil servant's widow as a result of the dissolution of a later marriage against the revived widow's pension from a previous marriage
BVerfGE 25, 156-156Order of 21 January 19692 BvR 391/64,
2 BvR 263/66		Reimbursement of necessary expenses
BVerfGE 25, 156-157Order of 21 January 19692 BvR 566/66,
2 BvR 567/66,
2 BvR 79/67		Same as in proceedings 2 BvR 391/64, 2 BvR 263/66 of 21 January 1969
BVerfGE 25, 157-158Order of 21 January 19692 BvR 710/66Reimbursement of necessary expenses and determination of the amount in dispute
BVerfGE 25, 158-167Order of 21 January 19692 BvR 724/67Denial of the right to be heard (reinstatement into one’s former procedural position with regard to a penalty order that was served by deposit at the post office)
BVerfGE 25, 167-198Order of 29 January 19691 BvR 26/66Updating constitutional mandate to ensure equal treatment of children born out of wedlock; no offsetting of an orphan's pension under social security law against the illegitimate child's entitlement to compensation under § 1712 of the Civil Code
BVerfGE 25, 198-212Order of 4 February 19692 BvL 20/63Interpretation of § 42(2) of the Article 131 Act in conformity with the Constitution; no contribution of the new public employer to the pension scheme of an employee who is employed temporarily without accrual of a new pension entitlement
BVerfGE 25, 213-216Order of 11 February 19691 BvL 3/69Inadmissibility of a referral (pre-constitutional law – § 166 of the Criminal Code; inadequate order of referral)
BVerfGE 25, 216-230Order of 12 February 19691 BvR 687/62Update of the standard rateable value for an agricultural and forestry business due to, among other things, the progression of timber to higher age classes
BVerfGE 25, 230-236Order of 12 February 19691 BvR 42/69Application of the Impunity Act 1968 by the Federal Court of Justice (criminal punishment pursuant to § 129 of the Criminal Code)
BVerfGE 25, 236-256Order of 25 February 19691 BvR 224/67Occupational profile of dental therapists pursuant to the Law on the Practice of Dental Medicine. Unconstitutionality of refusal to accredit ‘dental therapists not recognised by the state’ who are licenced to practise in the field of dentistry as practitioners covered by statutory health insurance
BVerfGE 25, 256-269Order of 26 February 19691 BvR 619/63Incitement to boycott a media outlet by using economic instruments of power as a violation of freedom of the press
BVerfGE 25, 269-295Order of 26 February 19692 BvL 15/68,
2 BvL 23/68		Prohibition of retroactivity pursuant to Art. 103(2) of the Basic Law and provisions governing limitation periods (Act on the Calculation of Limitation Periods in Criminal Law of 13 April 1965)
BVerfGE 25, 295-296Order of 26 February 19692 BvL 23/68Legal aid; appointment of a lawyer in specific judicial review proceedings
BVerfGE 25, 296-308Order of 11 March 19691 BvR 665/62,
1 BvR 152/69		Limits to freedom of the press with regard to obtaining information through criminal acts
BVerfGE 25, 308-309Order of 18 March 19692 BvF 1/66Discontinuation of abstract judicial review proceedings following the withdrawal of the application
BVerfGE 25, 309-314Order of 26 March 19691 BvR 512/66No transfer of the right to deduct losses (corporation tax) when buying a shell limited liability company
BVerfGE 25, 314-326Order of 15 April 19691 BvL 18/68Different requirements for receiving payments from the old-age insurance scheme for farmers and from the pension scheme for workers and employees; requirement for early old-age benefits for the surviving spouse of an agricultural entrepreneur
BVerfGE 25, 327-332Order of 15 April 19691 BvL 20/68Reimbursement of necessary expenses of a person acquitted in criminal proceedings
BVerfGE 25, 332-336Order of 15 April 19691 BvL 1/69Inadmissibility of a referral (irrelevance of referred question; allocation of milk producers to a different dairy cooperative)
BVerfGE 25, 336-351Order of 16 April 19692 BvR 115/69On the general inadmissibility of constitutional complaints against the court of first instance’s decision to open main proceedings (exception: rejection of a motion to conduct a preparatory investigation); investigating judge as a lawful judge within the meaning of Art. 101(1) second sentence of the Basic Law
BVerfGE 25, 352-366Order of 23 April 19692 BvR 552/63On the justiciability of pardon decisions
BVerfGE 25, 367-371Order of 29 April 19691 BvR 47/69Preliminary injunctions may only be issued if they are required to avert severe disadvantages; no final irreversible damage (pharmacy technicians)
BVerfGE 25, 371-408Judgment of 7 May 19692 BvL 15/67Laws that apply merely to a single case are not impermissible per se (lex Rheinstahl)

Volume 24

Table of contents volume 24
ReferenceDecisionFile referenceDecision title
BVerfGE 24, 1-20Order of 21 May 19682 BvL 10/66,
2 BvL 3/67		Authorisations in § 12(9) no. 3 and § 12(10) of the Dairy and Dietary Fats Act in the version of 22 June 1963 are sufficiently specific and thus constitutional insofar as these provisions concern the levying of duties on condensed milk and sterilised flavoured dairy drinks
BVerfGE 24, 20-23Order of 11 June 19681 BvL 6/68Inadmissibility of referral (pre-constitutional law – § 244 Criminal Code)
BVerfGE 24, 23-27Order of 12 June 19682 BvR 31/68Denial of the right to be heard (decision rendered without observing a reasonable waiting period for a statement)
BVerfGE 24, 27-33Order of 25 June 19681 BvR 307/68Compulsory employee insurance for all employees; denial of a preliminary injunction
BVerfGE 24, 33-55Order of 25 June 19682 BvR 251/63No constitutional complaint against the Act regarding the Supplementary Agreement to the German-Dutch Financial Treaty (expropriation of AKU shareholders)
BVerfGE 24, 56-62Order of 25 June 19682 BvR 599/67,
2 BvR 677/67		Denial of the right to be heard (no disclosure of the official statement of a recused judge to the party that made the challenge); constitutional complaint against an interim decision on the recusal of a judge
BVerfGE 24, 63-67Order of 9 July 19682 BvL 5/66Referral became moot due to an interim decision by the Federal Constitutional Court; manifest untenability of the view of the referring court (Dairy and Dietary Fats Act)
BVerfGE 24, 68-75Order of 10 July 19682 BvR 687/67Ordinance on the distribution of cargo in inland waterway transport; denial of a preliminary injunction
BVerfGE 24, 75-103Judgment of 24 July 19681 BvR 537/65Partial unconstitutionality of § 30(1) and (2) of the Federal Act Governing the Financial Liabilities of the German Reich under Restitution Law due to impermissible retroactivity
BVerfGE 24, 104-112Order of 24 July 19681 BvR 394/67Discrimination against spouses when assets are removed in bankruptcy cases (§ 45 Bankruptcy Code)
BVerfGE 24, 112-119Order of 25 July 19681 BvR 58/67Unlimited liability for trade tax by a limited partner
BVerfGE 24, 119-155Order of 29 July 19681 BvL 20/63,
1 BvL 31/66,
1 BvL 5/67		Replacement of parental consent to adoption. Matter remanded to the court of appeal
BVerfGE 24, 155-170Order of 1 October 19682 BvL 6/67,
2 BvL 7/67,
2 BvL 8/67,
2 BvL 9/67		Authorisation to establish joint lay and juvenile lay courts (Lower Saxony)
BVerfGE 24, 170-174Order of 1 October 19682 BvL 8/68Inadmissibility of a referral for judicial review regarding the interpretation and application of a provision by the Federal Court of Justice (§ 134a Courts Constitution Act)
BVerfGE 24, 174-184Order of 2 October 19681 BvF 3/65Corporation tax on the acquisition of a limited partner’s share in a limited partnership company (GmbH & Co. KG)
BVerfGE 24, 184-202Order of 9 October 19682 BvE 2/66Ordinance on the issuance of an apostille under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents; approval required for ordinances based on federal laws that require the approval of the Bundesrat
BVerfGE 24, 203-219Order of 16 October 19681 BvR 118/62,
1 BvR 104/63		Agreement with the Portuguese Republic on German assets in Portugal
BVerfGE 24, 220-235Order of 16 October 19681 BvL 7/62Retroactive exclusion of continued insurance in the employees’ insurance scheme on the basis of the Employees’ Insurance Revision Act
BVerfGE 24, 236-252Order of 16 October 19681 BvR 241/66Guarantee of the right to organise collections for church or religious purposes and to advertise them from the pulpit. Freedom of faith and freedom to profess a belief for associations with only partial interest in the religious or ideological life of their members (Catholic rural youth movement)
BVerfGE 24, 252-259Judgment of 17 October 19682 BvE 2/67Time limit for filing applications and substantiating them in Organstreit proceedings (application lodged by the Deutsche Friedens-Union against various provisions of the Political Parties Act)
BVerfGE 24, 260-267Judgment of 17 October 19682 BvE 4/67The concept of a political party includes participation in Bundestag or Landtag elections within a reasonable time period (application in Organstreit proceedings lodged by the Bund der Deutschen against various provisions of the Political Parties Act)
BVerfGE 24, 268-277Order of 22 October 19682 BvL 16/67Inadmissibility of a referral due to lack of relevance to the decision in the initial proceedings. Refusal of the Hamburg Judicial Selection Committee to propose a candidate for appointment as a judge
BVerfGE 24, 278-289Order of 6 November 19681 BvR 501/62On whether freedom of expression covers disparaging statements made in public debate with the aim of preventing behaviour that threatens fundamental rights
BVerfGE 24, 289-299Order of 6 November 19681 BvR 727/65Constitutional complaint against the judgment of a Land Constitutional Court (Hessian school prayer)
BVerfGE 24, 299-300Order of 26 November 19682 BvE 5/67Withdrawal of an application in Organstreit proceedings after an oral hearing (party financing)
BVerfGE 24, 300-362Judgment of 3 December 19682 BvE 1/67,
2 BvE 3/67,
2 BvE 5/67		Lump-sum payment of election campaign costs; advance payment of election campaign costs; minimum vote share for reimbursement of election campaign costs; subsequent reimbursement of election campaign costs for the 1965 election campaign; accounting for the origin of donations; preferential tax treatment for donations to political parties
BVerfGE 24, 362-366Order of 18 December 19681 BvR 622/63Inadmissibility of a constitutional complaint against punishment for failure to perform civilian service because the complainant did not exhaust all remedies before the administrative courts against alternative civilian service; subsidiarity of the constitutional complaint
BVerfGE 24, 367-424Order of 18 December 19681 BvR 638/64,
1 BvR 673/64,
1 BvR 200/56 inter alia		Establishment of public ownership of flood protection facilities (Hamburg Dike Ordinance Act); legal expropriation; statutory determination of expropriation compensation; scale of expropriation compensation

Volume 23

Table of contents volume 23
ReferenceDecisionFile referenceDecision title
BVerfGE 23, 1-12Order of 13 December 19671 BvR 679/64Different child allowances for wage tax payers and assessed income tax payers
BVerfGE 23, 12-33Order of 19 December 19672 BvL 4/65Transfer of the legacy pension burden of the miners’ association to the industry associations
BVerfGE 23, 33-41Order of 19 December 19672 BvQ 1/67Reimbursement of election campaign costs for elections to the state parliament (Schleswig-Holstein); denial of a preliminary injunction
BVerfGE 23, 42-50Order of 19 December 19672 BvQ 2/67Reimbursement of election campaign costs (Federation); denial of a preliminary injunction
BVerfGE 23, 50-61Order of 23 January 19681 BvR 709/66Constitutionality of the ban on night baking
BVerfGE 23, 62-74Order of 30 January 19682 BvL 15/65Income tax reduction for income from inventions; invalidity of an authorisation to issue statutory instruments
BVerfGE 23, 74-84Order of 6 February 19681 BvL 7/65Allowances for wealth tax in the case of a joint assessment consisting of more than two persons
BVerfGE 23, 85-98Order of 7 February 19681 BvR 628/66Federal Compensation Act (right to choose between lump-sum settlement and pension)
BVerfGE 23, 98-113Order of 14 February 19682 BvR 557/62Legislative injustice; no recognition of expatriation on racial grounds
BVerfGE 23, 113-126Order of 22 February 19682 BvO 2/65,
2 BvO 1/66		Competence of the Federation for the creation of criminal offences; § 367(1) no. 15 of the Criminal Code as federal law
BVerfGE 23, 127-135Order of 5 March 19681 BvR 579/67No right of conscientious objection to alternative civilian service for Jehovah’s Witnesses
BVerfGE 23, 135-146Order of 6 March 19681 BvL 2/63No right of an orphan to continued insurance in the statutory health insurance scheme after the orphan’s allowance has expired
BVerfGE 23, 146-152Order of 6 March 19681 BvL 7/64Inadmissible referral; introduction of German income tax law in Saarland (tax relief for housing construction)
BVerfGE 23, 153-191Order of 6 March 19681 BvR 975/58Constitutionality of the exclusion of banks from the redemption of securitised claims against the German Reich in § 32(1) no. 3 of the Act on the General Settlement of Claims Resulting from the War, even if they have not received compensation
BVerfGE 23, 191-208Order of 7 March 19682 BvR 354/66,
2 BvR 355/66,
2 BvR 524/66 inter alia		Unconstitutionality of renewed prosecution and punishment for repeated non-compliance with a call-up for alternative civilian service after conviction for failure to perform civilian service, if the refusal was made in accordance with one’s conscience, which was made once and for all and continues to have effect; deviation of one Senate from the legal view expressed in an order of a preliminary examination committee of the other Senate
BVerfGE 23, 208-229Order of 11 March 19682 BvL 18/63,
2 BvR 58/65,
2 BvR 533/65		§ 19(1) of the Dairy and Dietary Fats Act and the ordinances based thereon regarding the addition of domestic rapeseed oil are void (violation of Art. 80(1) second sentence of the Basic Law)
BVerfGE 23, 229-241Order of 19 March 19681 BvR 554/65Constitutionality of the different treatment in the Federal Restitution Act of injured parties who filed their claims by the filing deadline but were unable to provide proof (§ 29 b) and those who missed the deadline (§ 44 a)
BVerfGE 23, 242-258Order of 7 May 19681 BvR 420/64Constitutional complaint of a securities owner against his wealth tax assessment on the grounds that the wealth taxation of real estate is still based on the values of 1 January 1935 is unfounded
BVerfGE 23, 258-264Order of 7 May 19681 BvR 133/67No child benefit for children who have neither their domicile nor their habitual residence within the territory of the German Reich as of 31 December 1937 (§ 34(2) Child Benefit Act in the version of 23 December 1955)
BVerfGE 23, 265-271Order of 7 May 19682 BvR 702/65Conviction under § 366 no. 10 of the Criminal Code without specification by § 2 of the Bavarian Poster Ordinance violates Art. 103(2) of the Basic Law
BVerfGE 23, 272-276Order of 7 May 19682 BvL 9/66Inadmissibility of referral, as the provision under review (§ 360(1) no. 11 Criminal Code) is pre-constitutional law
BVerfGE 23, 276-286Order of 7 May 19682 BvL 5/67Inadmissibility of referral, as the referring court’s legal view on the relevance of the provision to the decision in the initial proceedings is manifestly untenable
BVerfGE 23, 286-288Order of 7 May 1968 2 BvR 738/67Denial of the right to be heard (non-consideration of a submission received within the time limit granted by the court)
BVerfGE 23, 288-321Order of 14 May 19682 BvR 544/63Objective doubts as a prerequisite for a referral under Art. 100(2) of the Basic Law. Involvement of foreigners to cover burdens resulting from war (here: property levy pursuant to § 17 Equalisation of Burdens Act) does not contradict general rules of international law
BVerfGE 23, 321-326Order of 14 May 19682 BvL 9/68,
2 BvL 10/68,
2 BvL 11/68		Inadmissibility of referrals submitted by the Hessian Finance Court on the grounds that it was not organised as a ‘high Land court’ and that its judges received inadequate remuneration
BVerfGE 23, 327-353Order of 21 May 19681 BvR 610/60Violation of Art. 3(1) of the Basic Law by the fact that the privilege granted to non-profit private hospitals pursuant to § 57 of the Equalisation of Burdens Act with regard to the property levy is graded according to whether and which other assets subject to levies exist in addition to the hospital assets (voidness of § 55(2) Tenth Implementing Ordinance)
BVerfGE 23, 353-373Order of 21 May 19682 BvL 2/61Financial sovereignty of the municipalities; compatibility of a provision determining the contributions of municipalities in § 14(2) no. 1 of the Hessian Financial Equalisation Act of 27 March 1958 with Art. 28(2) of the Basic Law

Volume 22

Table of contents volume 22
ReferenceDecisionFile referenceDecision title
BVerfGE 22, 1-21Order of 3 May 19672 BvR 134/63Criminal provision in the Working Hours Act as a formal law within the meaning of Art. 103(2) and Art. 104(1) first sentence of the Basic Law
BVerfGE 22, 21-28Order of 23 May 19672 BvR 534/62Summons to road safety training
BVerfGE 22, 28-38Order of 24 May 19671 BvL 18/65Exclusion of indirect public sector employees from child benefit
BVerfGE 22, 39-42Order of 30 May 19672 BvL 9/64Inadmissibility of a referral; relevance of the provision at issue for the decision in the initial proceedings (§ 114(1) Tax Adviser Act)
BVerfGE 22, 42-48Order of 30 May 19672 BvR 380/65Right to one’s lawful judge; organisation of professional tribunals and their procedures must be laid down in the law (Lower Saxony Act on Professional Medical Associations)
BVerfGE 22, 49-83Order of 6 June 19672 BvR 375/60,
2 BvR 53/60,
2 BvR 18/65		Penal power of tax offices
BVerfGE 22, 83-90Order of 6 June 19671 BvR 282/65Reinstatement into former procedural position is constitutionally required in case of an indigent appellant’s failure to observe the time limit for filing an application for reinstatement in appellate proceedings
BVerfGE 22, 91-93Order of 6 June 19671 BvR 117/67Inadmissibility of a constitutional complaint against a decision of the Supreme Restitution Court for Berlin
BVerfGE 22, 93-100Order of 7 June 19671 BvR 76/62Consideration of Art. 6(1) of the Basic Law in maintenance arrangements of separated spouses
BVerfGE 22, 100-106Order of 20 June 19671 BvL 29/66Denial of education allowance (Federal Child Benefit Act) for the only children of married couples is compatible with the Basic Law
BVerfGE 22, 106-114Order of 20 June 19672 BvL 10/64Constitutionality of an objection lodged by the head of a tax office against decisions of the tax committees
BVerfGE 22, 114-124Order of 28 June 19672 BvR 143/61Withdrawal of the right to act as legal counsel (Art. 12(1) of the Basic Law); customary law as a basis for interference with freedom of occupation
BVerfGE 22, 125-134Order of 4 July 19672 BvL 10/62Constitutionality of a police caution imposing a fine
BVerfGE 22, 134-156Order of 5 July 19672 BvL 29/63On the admissibility of a referral under Art. 100(1) of the Basic Law in a case in which the relevance of the law under review for the decision in the initial proceedings depends on the interpretation of EEC law
BVerfGE 22, 156-162Order of 11 July 19671 BvR 495/63,
1 BvR 325/66		Non-recognition for corporation tax purposes of retrospectively determined remuneration paid to shareholders/managing directors of a corporation
BVerfGE 22, 163-175Order of 11 July 19671 BvL 23/64The exclusion of a stepfather’s claim to child benefit for his wife’s illegitimate child whose father receives child benefit with his remuneration (§ 3(1) no. 1 Child Benefit Act) was unconstitutional
BVerfGE 22, 175-177Order of 11 July 19671 BvL 11/67Substantiation requirements regarding a submission pursuant to Art. 100(1) of the Basic Law (§ 1747(3) Civil Code)
BVerfGE 22, 178-180Order of 11 July 19672 BvR 566/66,
2 BvR 567/66,
2 BvR 79/67		Preliminary injunction on the suspension of the enforcement of prison sentences repeatedly imposed on members of the Jehovah’s Witnesses religious community for failure to perform civilian service (§ 53 Alternative Service Act)
BVerfGE 22, 180-220Judgment of 18 July 19672 BvF 3/62,
2 BvF 4/62,
2 BvF 5/62 inter alia		Relationship between independent youth welfare and independent general welfare associations on the one hand and public youth welfare and social assistance on the other (Youth Welfare Act of 11 August 1961; Federal Social Assistance Act of 30 June 1961); review of organisational provisions and authorising provisions of these Acts; legislative competence for the establishment and procedures of local authorities; federal support tasks; compulsory confinement for reform
BVerfGE 22, 221-241Judgment of 18 July 19672 BvH 1/63Applicability of the Bavarian School Financing Act of 26 October 1962 to the state secondary schools in the city of Coburg
BVerfGE 22, 241-254Order of 19 July 19672 BvL 1/65Constitutionality of the change in the age limit for the pension from the Saarland employees’ insurance scheme brought about by § 8(3) first sentence of the Second Pension Adjustment Act
BVerfGE 22, 254-266Order of 19 July 19672 BvR 489/66Interpretation in conformity with the Constitution of § 25 no. 2c of the Courts Constitution Act; constitutionality of § 467(2) first sentence of the Code of Criminal Procedure
BVerfGE 22, 267-274Order of 19 July 19672 BvR 639/66On the interpretation of Art. 142 of the Basic Law and on the relationship between the constitutional complaint under federal law and under Bavarian law. Denial of the right to be heard
BVerfGE 22, 275-277Order of 25 July 19671 BvR 585/62Incompatibility between working as a self-employed tax consultant and being employed
BVerfGE 22, 277-281Order of 25 July 19672 BvC 4/62Electoral complaint rendered moot by end of the parliamentary term
BVerfGE 22, 282-287Order of 25 July 19672 BvR 586/63Excess number of judges assigned to a court’s civil division. Involvement of the individual members of a panel in the decision-making process. Right to be heard at second instance
BVerfGE 22, 287-293Order of 17 October 19671 BvR 760/64Subsidiarity of constitutional complaint proceedings; no constitutional complaint against punishment for refusal to perform alternative service (failure to perform civilian service) if the obligation to perform alternative service was determined in a legally binding manner in the preceding administrative proceedings
BVerfGE 22, 293-299Order of 18 October 19671 BvR 248/63,
1 BvR 216/67		No constitutional complaint against regulations of the Council and the Commission of the EEC
BVerfGE 22, 299-311Order of 25 October 19672 BvL 5/65Inadmissibility of a referral (Hesse Implementing Act to the Code of Administrative Court Procedure; fixing of costs)
BVerfGE 22, 311-322Order of 7 November 19672 BvL 14/67Scope of the judicial decision on the legality of imprisonment (§ 28(1) Disciplinary Code of the Armed Forces); interpretation in conformity with the Constitution
BVerfGE 22, 322-329Order of 8 November 19671 BvR 60/66No reopening against final administrative penalty orders
BVerfGE 22, 330-349Order of 15 November 19672 BvL 7/64,
2 BvL 20/64,
2 BvL 22/64		Retroactive declaration of the validity of the transfer to dairy producers of the amounts saved in dairy processing due to VAT exemption, by retroactive enactment of an ordinance with the force of law; exceeding of the scope of an authorisation (Dairy and Dietary Fats Act)
BVerfGE 22, 349-369Order of 28 November 19671 BvR 515/63Duty to exhaust legal remedies in the event of denial of legal aid by the Federal Social Court. Determination of unconstitutionality in case a favourable provision violates Art. 3(1) of the Basic Law if declaration of voidness is not possible. Reversal of the court decision based on the unconstitutional provision and suspension of the proceedings. Constitutionality of the fact that only the widow and not the orphans of an insured person are reimbursed for contributions to the statutory pension scheme
BVerfGE 22, 369-373Order of 28 November 19671 BvL 29/64On the admissibility of a referral under Art. 100(1) of the Basic Law; relevance of the validity of a provision for the decision of the referring court
BVerfGE 22, 373-379Order of 29 November 19671 BvL 16/63Admissibility of a referral under Art. 100(1) of the Basic Law; no decision on differences of opinion between a court and a higher-instance court on the constitutional interpretation of a provision
BVerfGE 22, 380-387Order of 29 November 19671 BvR 175/66Constitutionality of the obligation of banks to withhold and pay coupon tax
BVerfGE 22, 387-426Order of 12 December 19672 BvL 14/62,
2 BvL 3/64,
2 BvL 11/65 inter alia		Legal status of the pension rights of surviving dependants granted by the Article 131 Act. Constitutional guarantee of pension entitlement only for those civil servants who act in accordance with the free and democratic order. Review of judicial conduct outside of judicial disciplinary proceedings

Volume 21

Table of contents volume 21
ReferenceDecisionFile referenceDecision title
BVerfGE 21, 1-6Order of 13 December 19661 BvR 512/65Initial furniture purchases of newly married spouses are not extraordinary expenses within the meaning of § 33 of the Income Tax Act
BVerfGE 21, 6-12Order of 14 December 19661 BvR 496/65Liability of a shareholder with a significant stake in a limited liability company (GmbH--Gesellschaft mit beschränkter Haftung) for taxes arising from business operations
BVerfGE 21, 12-46Order of 20 December 19661 BvR 320/57,
1 BvR 70/63		Provisional validity of the all-phase turnover tax and the tax consolidation privilege
BVerfGE 21, 46-49Order of 14 December 19662 BvR 279/66Right to be heard; assessment of the entire context of a judgment
BVerfGE 21, 50-51Order of 20 December 19661 BvR 665/62Renewal of a preliminary injunction; subsidiarity of the preliminary injunction
BVerfGE 21, 52-54Order of 20 December 19661 BvF 2/65No extension of the group entitled to file an application in abstract judicial review proceedings
BVerfGE 21, 54-72Order of 21 December 19661 BvR 33/64Constitutionality of the payroll tax
BVerfGE 21, 72-73Order of 21 December 19661 BvR 339/66Professional practice ordinance (partition wall for taxis)
BVerfGE 21, 73-87Order of 12 January 19671 BvR 169/63Determination of the content and limits of property; constitutional interpretation of § 9(1) no. 1 of the Real Property Transactions Act
BVerfGE 21, 87-91Order of 12 January 19671 BvR 335/63Constitutionality of § 9(1) no. 3 of the Real Property Transactions Act (mismatch between purchase price and property value)
BVerfGE 21, 92-93Order of 12 January 19671 BvR 168/64Constitutional determination of the content of property by § 9(1) no. 1 of the Real Property Transactions Act
BVerfGE 21, 94-99Order of 12 January 19671 BvR 242/65Review of a final court decision within the framework of § 22(4) of the Real Property Transactions Act
BVerfGE 21, 99-101Order of 12 January 19671 BvR 273/65Real Property Transactions Act; inadequate land distribution and improvement of the agricultural structure
BVerfGE 21, 102-105Order of 12 January 19671 BvR 283/65Like no. 13
BVerfGE 21, 106-117Order of 17 January 19672 BvL 24/63Compatibility of Land law provisions (Rhineland-Palatinate) on the so-called challenge on grounds of violation of a law or misuse of discretion with the Code of Administrative Court Procedure
BVerfGE 21, 117-132Order of 17 January 19672 BvL 28/63Repayment of public housing loans
BVerfGE 21, 132-139Order of 1 February 19671 BvR 630/64Start of the time limit for lodging a constitutional complaint for a person who is affected by a court decision but was not a party to the proceedings; denial of the right to be heard (paternity proceedings at the instigation of the public prosecution office without hearing the father)
BVerfGE 21, 139-148Order of 8 February 19672 BvR 235/64Recusal of a judge in non-contentious jurisdiction
BVerfGE 21, 148-149Order of 8 February 19672 BvL 1/67No referral for specific judicial review by the presiding judge of a disciplinary chamber
BVerfGE 21, 150-160Order of 14 February 19671 BvL 17/63Constitutionality of cultivation restrictions under the Wine Industry Act
BVerfGE 21, 160-173Order of 14 February 19671 BvR 25/64,
1 BvR 29/64,
1 BvR 45/64 inter alia		Unconstitutionality of the branch tax for banking and credit companies
BVerfGE 21, 173-184Order of 15 February 19671 BvR 569/62,
1 BvR 589/62		Inadmissibility of a tax adviser or tax agent’s secondary employment in another occupation; lack of a transitional provision
BVerfGE 21, 184-189Order of 15 February 19671 BvR 653/66Renewed execution of a suspended arrest warrant after the start of the main hearing
BVerfGE 21, 190-191Order of 15 February 19672 BvE 1/62,
2 BvE 2/64		Determination of the amount involved in the case
BVerfGE 21, 191-196Order of 15 February 19672 BvR 658/65Scope of the guarantee of legal recourse; review of a sentence of house arrest imposed on a prisoner
BVerfGE 21, 196-200Order of 15 February 19672 BvC 1/66Electoral complaint; bribery through campaign gifts
BVerfGE 21, 200-207Order of 15 February 19672 BvC 2/66Electoral complaint; constitutionality of postal voting
BVerfGE 21, 207-209Order of 1 March 19671 BvR 46/66Fundamental rights not applicable to foreign legal entities
BVerfGE 21, 209-219Order of 14 March 19671 BvR 334/61Interpretation of the provision in the Equalisation of Burdens Act on the repayment of and interest on the credit profit levy
BVerfGE 21, 220-223Order of 14 March 19671 BvR 533/66Principle of proportionality in remand detention
BVerfGE 21, 223-227Order of 14 March 19671 BvR 742/66Like no. 30
BVerfGE 21, 227-239Order of 15 March 19671 BvR 575/62Exclusion of tax agents from assuming sole responsibility for the management of tax consultancy firms
BVerfGE 21, 239-245Order of 15 March 19671 BvR 161/63Negligent journalistic treason; respect for the substance and scope of freedom of the press by lower courts; freedom of the press and state security
BVerfGE 21, 245-261Order of 4 April 19671 BvR 126/65Time limit for lodging a constitutional complaint against a criminal judgment pronounced in the absence of the accused. The Federal Employment and Unemployment Insurance Agency’s monopoly on job placement; inclusion of the placement of business executives in the job placement monopoly
BVerfGE 21, 261-271Order of 4 April 19671 BvR 84/65Fundamental right of Art. 12(1) of the Basic Law for legal persons. Unconstitutionality of extending the job placement monopoly to temporary employment agency contracts
BVerfGE 21, 271-292Order of 4 April 19671 BvR 414/64Time limit for lodging constitutional complaints against judgments of the social courts. Fundamental right to freedom of the press for legal persons; freedom of the press for the advertising section of a newspaper. Unconstitutionality of the ban on the publication of job offers for employment abroad
BVerfGE 21, 292-306Order of 11 April 19671 BvL 25/64Unconstitutionality of the ban preventing department stores from granting discounts
BVerfGE 21, 306-311Order of 11 April 19671 BvR 728/65Unconstitutional interpretation of § 9(1) no. 1 of the Real Property Transactions Act; sale of forest land
BVerfGE 21, 312-328Order of 11 April 19672 BvG 1/62Granting of a licence under the Hessian Water Act by authorities of the Federal Waterways Administration
BVerfGE 21, 329-354Order of 11 April 19672 BvL 3/62Pension entitlement of the widower of a civil servant. Judicial review proceedings concerning provisions of Land law whose content is determined by federal framework law
BVerfGE 21, 355-356Order of 11 April 19672 BvC 1/67Electoral complaint (proportional representation with candidate-centred elements)
BVerfGE 21, 356-357Order of 11 April 19672 BvC 2/67Electoral complaint (no standing for a group of persons entitled to vote or a party)
BVerfGE 21, 357-358Order of 11 April 19672 BvC 3/67Like no. 42
BVerfGE 21, 358-359Order of 11 April 19672 BvC 4/67Electoral complaint (complaint not supported by the required 100 persons entitled to vote)
BVerfGE 21, 359-362Order of 11 April 19672 BvC 5/67Electoral complaint (no standing for a group of persons entitled to vote or a party; substantiation within one month)
BVerfGE 21, 362-378Order of 2 May 19671 BvR 578/63Fundamental rights generally not applicable to legal entities under public law when performing public tasks (Land insurance fund)
BVerfGE 21, 378-391Order of 2 May 19672 BvR 391/64,
2 BvR 263/66		Ne bis in idem does not apply to prison sentences imposed under the Disciplinary Code of the Armed Forces in addition to criminal sentences; consideration of a disciplinary prison sentence in case of criminal conviction
BVerfGE 21, 391-407Order of 2 May 19672 BvL 1/66Ne bis in idem does not apply to career penalties imposed under the Disciplinary Code of the Armed Forces in addition to criminal sentences

Volume 20

Table of contents volume 20
ReferenceDecisionFile referenceDecision title
BVerfGE 20, 1-9Order of 2 March 19662 BvE 2/65Recusal of a Federal Constitutional Court Justice on grounds of possible bias
BVerfGE 20, 9-18Order of 3 March 19662 BvE 2/64Recusal of a Federal Constitutional Court Justice on grounds of possible bias
BVerfGE 20, 18-26Order of 22 March 19662 BvE 1/62,
2 BvE 2/64		Admissibility of an application to join Organstreit proceedings
BVerfGE 20, 26-30Order of 25 March 19662 BvF 1/65Self-recusal of a Federal Constitutional Court Justice
BVerfGE 20, 31-34Order of 20 April 19661 BvR 20/62,
1 BvR 27/64		Actionability of the fees of a matrimonial agency
BVerfGE 20, 35-40Order of 20 April 19661 BvL 28/64Admissibility of a referral for specific judicial review; relevance to the decision in the initial proceedings (failure to perform civilian service and alternative service)
BVerfGE 20, 40-45Order of 20 April 19661 BvR 16/66No separate assessment of church tax for spouses of different denominations when filing joint income tax returns
BVerfGE 20, 45-51Order of 3 May 19661 BvR 58/66Excessive duration of remand detention caused by avoidable delay in proceedings
BVerfGE 20, 52-55Order of 16 May 19661 BvR 473/65,
1 BvR 578/65		Limitation of the personal assessment basis in the calculation of pensions under the Employee Insurance Act
BVerfGE 20, 56-119Judgment of 19 July 19662 BvF 1/65Party financing; judicial review proceedings concerning the Federal Budget Act
BVerfGE 20, 119-134Judgment of 19 July 19662 BvE 1/62,
2 BvE 2/64		Party financing; action brought by the Gesamtdeutsche Partei and the Bayernpartei
BVerfGE 20, 134-144Judgment of 19 July 19662 BvE 2/65Party financing; action brought by the Nationaldemokratische Partei Deutschlands
BVerfGE 20, 144-150Order of 27 July 19661 BvR 296/66Permissible duration of remand detention with interim interruption of enforcement
BVerfGE 20, 150-162Judgment of 5 August 19661 BvF 1/61Voidness of the Assembly Act; constitutional requirements for statutory requirement to obtain approval
BVerfGE 20, 162-230Judgment of 5 August 19661 BvR 586/62,
1 BvR 610/63,
1 BvR 512/64		Constitutionality of searches on the premises of a press medium (Spiegel publishing house)
BVerfGE 20, 230-238Order of 11 October 19661 BvR 178/64,
1 BvR 164/64		No obligation to repeal acts of public authority that can no longer be appealed and are based on an unconstitutional interpretation of a provision (equalisation of burdens legislation)
BVerfGE 20, 238-257Order of 11 October 19662 BvL 15/64On the compatibility of Land law provisions on objections with the Code of Administrative Court Procedure (§ 15(2) of the Saarland Act Implementing the Code of Administrative Court Procedure)
BVerfGE 20, 257-271Order of 11 October 19662 BvR 179/64,
2 BvR 476/64,
2 BvR 477/64		On the jurisdiction of the Federal Constitutional Court in matters concerning Berlin; administrative acts issued in Berlin to be judged solely under federal law, confirmed by the Court of Appeal (Cartel Fees Ordinance); unconstitutionality of § 80(2) second sentence of the Act on Restrictions of Competition (Art. 80(1) of the Basic Law)
BVerfGE 20, 271-276Order of 11 October 19662 BvR 489/65,
2 BvR 490/65		Like no. 18
BVerfGE 20, 276-279Order of 11 October 19662 BvR 703/65No further clarification of the constitutional question of the right to be heard
BVerfGE 20, 280-282Order of 11 October 19662 BvR 252/66Violation of the right to be heard (no notification of the result of an inspection carried out in legal aid proceedings)
BVerfGE 20, 283-295Order of 18 October 19662 BvR 386/63,
2 BvR 478/63		On the application of Art. 80(1) of the Basic Law to the authorisation in the Medicinal Products Act to issue an ordinance on radioactive medicinal products; validity of the ordinance
BVerfGE 20, 296-309Order of 18 October 19662 BvL 28/64On the application of Art. 80(1) second sentence of the Basic Law to the authorisation in the Fish Products Act to issue an ordinance on contributions to market support
BVerfGE 20, 309-312Order of 18 October 19662 BvL 7/65Inadmissibility of a referral for specific judicial review by a law enforcement authority
BVerfGE 20, 312-322Order of 19 October 19661 BvL 24/65Collective bargaining powers of guilds and guild associations
BVerfGE 20, 323-336Order of 25 October 19662 BvR 506/63Unlawful conduct of an independent advertising company cannot in principle be held against the client (enlisting of members of a reading circle by ‘support companies’); § 890 of the Code of Civil Procedure
BVerfGE 20, 336-347Order of 25 October 19662 BvR 291/64,
2 BvR 656/64		Constitutionality of the court of appeal remanding a matter to another court
BVerfGE 20, 347-350Order of 25 October 19662 BvR 217/66Violation of the right to be heard (utilisation of the files consulted in proceedings for legal aid)
BVerfGE 20, 350-351Order of 26 October 19661 BvL 2/60No reimbursement of expenses to parties to the initial proceedings in judicial review proceedings
BVerfGE 20, 351-363Order of 17 November 19661 BvL 10/61Exclusion of compensation for the killing of dogs suspected of being rabid
BVerfGE 20, 363-365Order of 17 November 19661 BvR 52/66Requirements for a preliminary injunction to suspend the execution of a law (minimum stockpiling of petroleum products)
BVerfGE 20, 365-374Order of 18 November 19661 BvR 173/63Re-examination of an applicant’s fitness to drive after the expiry of a period of ineligibility set by the criminal court
BVerfGE 20, 374-379Order of 13 December 19661 BvL 13/65Unemployment insurance for descendants of the owner of an agricultural business who work in the same agricultural business
BVerfGE 20, 379-382Order of 13 December 1966 1 BvL 21/65,
1 BvL 11/66		Unemployment insurance for persons employed by relatives in the descending line