German Constitutional Court voids triage rule and rejects GKV reform injunctions

On 4 November 2025 the Federal Constitutional Court in Karlsruhe ruled that the pandemic‑era triage regulation, which dictated how scarce medical resources were allocated, was unconstitutional and nullified it. The court said the rule infringed doctors’ professional freedom and transferred decision‑making authority to the individual German states.

On 9 July 2026 the same court dismissed two emergency applications aimed at blocking the second and third readings of the GKV contribution‑stabilisation law. The applicants, members of the Bundestag, argued the fast‑track process violated their right to equal participation. The court’s refusal cleared the way for Health Minister Nina Warken’s reforms to the statutory health‑insurance financing to be adopted before the parliamentary summer recess and subsequently considered by the Bundesrat.