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Outpatient specialist care (ASV) offers the opportunity to overcome the sector boundaries between outpatient and inpatient care. The aim of ASV is to diagnose and treat complex, difficult-to-treat diseases that require special qualifications, interdisciplinary cooperation and special technical equipment.

On November 26, 2024, the Federal Constitutional Court (BVerfG) ruled by a narrow majority that the compulsory medical treatment of people who are under legal care due to an illness or disability can also be carried out outside of hospitals in individual cases in future. The groundbreaking ruling thus breaks with the previous hospital reservation and allows coercive medical measures to be carried out in assisted living facilities or at home. The decision thus marks a significant step towards taking greater account of the rights and needs of vulnerable people.

Within their sphere of influence, local authorities repeatedly consider financing local (infrastructure) projects through private investments. This may involve the renovation of the local swimming pool or social housing, for example. In order to attract interested citizens and generate attention, effective publicity measures are sometimes taken. However, caution is required here.

A decision by the Federal Administrative Court on 06.06.2024 (BVerwG, judgment of 06.06.2024, ref. 3 C 5.23) has the potential to (further) exacerbate parking and parking space problems, especially in large cities, and at the same time (under certain conditions) gives residents the opportunity to defend themselves against too much metal on their doorstep.

The doctor's letter is basically used for the targeted exchange of information between the doctors providing treatment or continuing treatment. As a result of the Act to Accelerate Digitalization in the Healthcare System (Digital-Gesetz DigiG), all doctors and facilities participating in SHI-accredited medical care are now obliged to be able to receive electronic doctor's letters (eDoctors' letters) by 30 June 2024 at the latest.

All relevant medical measures are documented in the patient file. According to Section 630g of the German Civil Code (BGB), patients have the right to inspect their medical records. This right is a concrete form of the principle of informational self-determination. However, the right of access is not unlimited, but can be denied by the treating physician in individual cases.

In its ruling dated April 4, 2024 (case no. III ZR 38/23), the Federal Court of Justice (BGH) made a fundamental decision on the German Medical Fee Schedule (GOÄ) and thus on flat-rate medical fees. The highest court has thus ruled that the GOÄ always applies to medical services provided on an outpatient basis.

In times when housing is in short supply, local authorities are desperately looking for ways to develop new residential areas quickly (and as cost-effectively as possible). In order to shorten the lengthy urban land-use planning procedures, the federal legislator had provided two instruments to fulfill this wish of the municipalities:

Art. 12 para. 3 GDPR stipulates that controllers within the meaning of the GDPR and thus also employers must respond to requests for information under data protection law in accordance with Art. 15 GDPR without undue delay and in any case within one month.

The principle that "cybersecurity is a matter for the boss" is increasingly being enshrined in law. This is illustrated by the current draft of Section 38 BSIG-E, which implements the NIS-2 Directive (EU 2022/2555).

The long odyssey of the German law for better protection of whistleblowers (Whistleblower Protection Act - HinSchG) has come to an end. After a long back and forth, the Whistleblower Protection Act was passed on 02.06.2023 and came into force on 02.07.2023.

The European Commission has published a draft directive on the EU-wide regulation of environmental advertising claims. In Germany, such "green claims" or "greenwashing" accusations are currently the subject of many court cases, although a uniform line of case law is still developing. The EU's draft directive goes far beyond the current requirements and could lead to a large number of current advertising claims and sustainability seals becoming unlawful.