Civil Service Law: Remuneration Commensurate with the Position (here: 2026 Salary Dispute)

Federal Constitutional Court declares Berlin's salary scales for 2008 through 2020 largely unconstitutional - why civil servants, judges, and pensioners should secure their claims for 2026 by December 31, 2026

BVerfG, Decision of September 17, 2025 - 2 BvL 20/17 et al. (published on November 19, 2025)

Duesseldorf, June 10, 2026. In its decision of September 17, 2025 (2 BvL 20/17 et al.), the Federal Constitutional Court declared the remuneration of Berlin state civil servants under Pay Scale A for the years 2008 through 2020 to be largely incompatible with Art. 33(5) of the Basic Law--and at the same time further developed the standards by which the constitutionality of all civil service pay at the federal and state levels must be assessed. Formally, the decision concerns Berlin, but its impact extends far beyond that: In North Rhine-Westphalia alone, over 100,000 salary appeals were filed for the year 2025.

Key Findings

New Review Standards: A violation of the principle of subsistence is present if the salary is "evidently insufficient"; the decisive factor is a minimum salary derived from the basic subsistence level and its proper adjustment.

State-wide significance: The standards apply across salary regulations and state borders; administrative courts in several states have already issued orders for a preliminary ruling, and further proceedings--including regarding salaries in North Rhine-Westphalia and at the federal level--are pending.

Timely assertion: According to established case law, a claim for back pay exists only if it is asserted within the current fiscal year. Anyone who fails to file an objection for 2026 by December 31, 2026, generally loses any potential claims for that year irrevocably. An objection does not automatically carry over to subsequent years.

Procedure: Typically, the objection is stayed in light of the pending model and precedent cases; a stay of proceedings and waiver of the statute of limitations defense should be expressly requested and confirmed. Depending on the pay grade, time period, and number of children, subsequent back payments can add up to four- to five-figure amounts.

Practical Application

This affects civil servants, judges, and prosecutors, as well as pensioners whose retirement benefits are based on an insufficiently high salary grade. Civil servants with three or more children, for whom increased maintenance requirements apply, often have particularly good prospects of success. Errors in wording--such as a failure to reference all salary components or a failure to request a waiver of the statute of limitations--can invalidate claims.

Baiker & Richter: Representation in Salary Law

Baiker & Richter Attorneys at Law (PartG) advise and represent clients in administrative law--particularly in civil service and salary law--including both employers/authorities as well as civil servants, judges, and pensioners. We review individual salary situations, file appeals within the prescribed time limits, request suspension of proceedings and waiver of the statute of limitations, and conduct litigation before the administrative courts; for groups of authorities, staff councils, and associations, we offer collective representation.

More about our practice areas:

https://www.baiker-richter.com/Rechtsgebiete

Baiker & Richter Attorneys at Law, PartG

Kaiserswerther Strasse 263

40474 Duesseldorf

Germany

b-r@baiker-richter.de

www.baiker-richter.com

Baiker & Richter Rechsanwaelte, PartG
Kaiserswerther Strasse 263
40474 Duesseldorf
Germany

https://www.baiker-richter.com

Herr LL.M.Marcus Richter
02115865156
02115865158
mr@baiker-richter.de

Baiker & Richter Rechtsanwaelte, PartG is a nationwide law firm specializing in administrative law. The attorneys at the firm are certified specialists in administrative law.

We advise and represent private individuals, companies, skilled trades businesses, and public authorities in complex administrative law matters--both in and out of court. Our practice focuses particularly on civil service law, water law, skilled trades law (including regulations for experienced journeymen), and subsidy law.

In civil service law, we handle, in particular, competitive selection proceedings, issues regarding fitness for duty, performance evaluations, promotion procedures, and other civil service law disputes. In trade law, we advise and represent clients in matters such as registrations in the trade register, exemptions, proceedings regarding the senior journeyman regulation, notices of fines, official objections, and warnings related to trade or competition law.

Other key areas of our practice include water law permit and regulatory proceedings, as well as proceedings concerning the granting, revocation, or recovery of subsidies. Competition law disputes, particularly those related to trade law issues, are also part of our advisory and representation services.

Our work is characterized by professional specialization, meticulous legal review, and clear, client-focused representation. Our goal is to provide a clear understanding of complex administrative law issues and to consistently implement appropriate solutions.

We are pleased to serve as your competent point of contact for matters involving administrative law, trade regulations, and competition law.

This release was published on openPR.