03. August 2023

OPPENLÄNDER fends off state liability claims against the state of Baden-Württemberg

The Federal Court of Justice again ruled on the question of claims under state liability law in connection with the so-called “first lockdown”. The case concerned a professional musician whose performances were cancelled due to the event bans. In contrast to the Higher Regional Court of Stuttgart, the Federal Court of Justice held that these measures, which indirectly affected the plaintiff, also interfered with Articles 12 and 14 of the German Constitution. However, this encroachment was justified, in particular because the event bans were continuously reviewed and adapted to the pandemic and because the effect of the measures was mitigated by aid programs.

The Federal Court of Justice also held that the legislator of the German Infection Protection Act was also not constitutionally obliged to regulate further compensation claims. Taking into account the entrepreneurial risk, the period of the measure had been reasonable.

Pressemitteilung des Bundesgerichtshofs

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04. August 2023

Constitutionality of the Separation Principle in Gambling Law Confirmed

Constitutional complaints of betting brokers successfully rejected: separation requirement under Gambling Law compatible with the State Constitution. In the constitutional complaint proceedings for the State of Baden-Württemberg, OPPENLÄNDER has in each case commented on the compatibility of the separation requirement with the requirements of the Basic Law and the State Constitution.

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03. August 2023

Baden-Württemberg may use the “Fauler Pelz” in Heidelberg for hospital treatment order

OPPENLÄNDER attorneys Prof. Dr. Christofer Lenz, Dr. Jens Ritter and Dr. Maximilian Stützel, who are active in public building law, have successfully advised Baden-Württemberg in the dispute over the use of the former prison "Fauler Pelz" in Heidelberg.

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28. July 2023

OPPENLÄNDER wins dispute over investigative committee

The Saarland state parliament does not have to amend the composition of a committee of enquiry. The Constitutional Court of the Saarland has rejected the application of the AfD parliamentary group there for a temporary injunction.

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24. July 2023

OPPENLÄNDER wins dispute over debt brake

The Constitutional Court has dismissed a dispute between organs of the FDP parliamentary group against the 2021 state budget as inadmissible. OPPENLÄNDER represented the Landtag as budget legislator.

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