German Federal Constitutional Court annuls COVID‑era triage rule

On 4 November 2025 the German Federal Constitutional Court in Karlsruhe ruled that the statutory triage regulation, introduced during the COVID‑19 pandemic to allocate scarce medical resources, is unconstitutional and therefore nullified. The court found the rule violated the German Basic Law and infringed on doctors’ professional freedom.

The regulation had dictated how hospitals prioritize patients when intensive‑care capacity is limited, following a disability‑rights complaint filed in 2021. By overturning it, the decision restores discretionary medical judgment for physicians and removes legally mandated priority criteria, affecting treatment protocols across Germany.

The ruling is expected to prompt legislative and administrative changes to replace the now‑invalid allocation framework and may reshape emergency‑care policies nationwide.