In an order published today, the Second Senate of the Federal Constitutional Court rejected an application for a preliminary injunction submitted by the Party for Biomedical Rejuvenation Research (Partei für schulmedizinische Verjüngungsforschung). The application was aimed at requiring the short names of all parties to be displayed in the same font size as their full names on the official ballot papers for the European elections.
The application for preliminary injunction is procedurally impermissible. Electoral scrutiny proceedings are conceptually post-election proceedings. Therefore, it is not permitted to bring electoral scrutiny proceedings by way of an application for a preliminary injunction before the election – as was the case here. The applicant’s submissions do not give rise to a contrary conclusion.