German Constitutional Court strikes down pandemic triage rule

On 4 November 2025 the Federal Constitutional Court in Karlsruhe declared the COVID‑19 triage regulation unconstitutional and nullified it, ending a period of legal uncertainty for physicians in Germany. The rule had set statutory criteria for allocating scarce intensive‑care resources during the pandemic and was criticised for infringing doctors’ professional freedom.

A separate case will be heard by the Federal Court of Justice on 7 May 2026. The dispute involves a blind woman who was denied a pre‑approved rehabilitation after knee surgery, with the clinic citing her disability. The plaintiff argues that the General Equal Treatment Act (AGG) should apply to medical treatment contracts. Dr Michael Richter, representing the plaintiff, said a ruling in favour of the claim could have extensive consequences by clarifying that the AGG covers discrimination in the health‑care sector.