The Federal Constitutional Court has declared the statutory retirement age for legal notaries unconstitutional. The regulation, which mandates the end of a notary’s tenure upon reaching the age of 70, was deemed to constitute an excessive infringement on professional freedom, according to a ruling issued Tuesday.
The plaintiff, a legal notary from North Rhine-Westphalia, had challenged the age limit, arguing it violated his right to practice his profession. The court determined that the current limit no longer effectively serves its intended goals, particularly in the legal notary sector. A persistent shortage of qualified applicants further undermines the original rationale behind the age restriction.
The court’s ruling maintains the temporary validity of the age limit until June 30, 2026. This provision is to allow state justice administrations time to adapt to the new legal situation. Following this deadline, the regulation is slated to become unenforceable. While the legislature retains the authority to establish new provisions concerning the termination of a legal notary’s office for older notaries, any such regulation must be constitutionally sound.
The ruling upholds the previous judgment of the Federal Court of Justice, despite its finding that the current age limit is incompatible with the Basic Law. This is because the regulation remains temporarily applicable subject to the conditions stipulated in the Constitutional Court’s decision (judgment of September 23, 2025 – 1 BvR 1796/23).