A Medical Study Place: the 2017 German Constitutional Court Ruling
13.10.2026
Σύντομη απάντηση
The German Constitutional Court ruling of 19 December 2017 on medical study places: what was struck down, what changed and what it means today.
What did the Federal Constitutional Court decide in 2017?
On 19 December 2017, in cases 1 BvL 3/14 and 1 BvL 4/14, the First Senate of the Federal Constitutional Court ruled that the allocation of study places in human medicine partly violated the German Basic Law. The provisions in question infringed applicants’ right to equal access to state-provided study places. The legislature had to make corrections by 31 December 2019.
| Quota | Before the reform | Since the reform |
|---|---|---|
| Top-grade quota | 20 percent | 30 percent |
| Waiting-time quota | 20 percent | abolished |
| Additional aptitude quota | did not exist | 10 percent |
| University selection procedures | 60 percent | 60 percent |
Why were the state quotas a problem?
In the top-grade quota, applicants competed essentially against people from the same federal state. School-leaving grades from different states are not readily comparable, however, and allocating by state contingents produced inequalities that a single quota did not balance out.
One example from the proceedings themselves shows the scale: for a university entrance qualification obtained in Hamburg, the cutoff in the top-grade quota was 1.1, and in the waiting-time quota it was twelve waiting half-years. Six years of waiting or a school-leaving grade of 1.1: those were the alternatives.
What did the court say about waiting time?
A waiting-time quota is constitutionally permissible but not required. It may not exceed the then-current share of 20 percent of study places, and the waiting time must be limited in duration. Waiting times of more than four years were classified in the professional debate as dysfunctional.
The legislature drew the furthest-reaching possible conclusion from this and scrapped the waiting-time quota altogether. Waiting today no longer improves your chances on its own.
{{cta}}How are places allocated today?
After the preliminary quotas have been deducted, study places are distributed across three quotas: 30 percent through the top-grade quota, 10 percent through the additional aptitude quota, in which the school-leaving grade plays no part, and 60 percent through the universities’ own selection procedures. Aptitude tests, prior education and work experience therefore carry more weight than they did before the ruling.
That is the real change: the route to a study place has become more varied, but it has not become wider. Around 10,000 study places in human medicine still face roughly 30,000 applications a year.
What has actually changed for applicants?
An approximate calculation of our own: with around 10,000 places and roughly 30,000 applications, some 20,000 applications a year are left without a place. Before the ruling, 20 percent of places could be reached through waiting time, a slow but predictable route. That route has been removed with nothing put in its place, and at 10 percent the additional aptitude quota covers only half as much.
This is not a criticism of the reform; the court had good reasons, and aptitude is a more sensible criterion than patience. But it is the calculation you should know before betting on any one procedure.
What routes remain without top grades?
Three realistic ones: the additional aptitude quota via aptitude tests, the universities’ selection procedures with their faculty-specific criteria, and studying at a university elsewhere in Europe, whose degree is automatically recognised under Annex V of Directive 2005/36/EC.
I chose the third route in 2015, a year after it became clear to me that the first two would not work out for me. In hindsight it was not a fallback but the faster route. Which route is right in your case is something we are happy to look at together; you can arrange a free consultation.
The author’s view: the ruling changed the distribution, not the scarcity
In 2017 many applicants hoped the ruling would improve their chances. That is an understandable expectation of a constitutional court, but it was the wrong address: Karlsruhe can review how places are distributed, not how many there are to distribute.
My assessment: as long as the number of study places in Germany does not rise significantly, every reform of the selection procedure merely changes the order of those waiting. That is my reading of the figures, not a finding of the court; how place numbers develop depends on state budgets, which I cannot forecast.
What I can say from my own experience: I have not regretted the decision to go abroad. It saved me several years, and the degree opened up routes I would not have had in the same way with a study place in Germany.
Summary
- On 19 December 2017 (1 BvL 3/14, 1 BvL 4/14) the Federal Constitutional Court declared the allocation of medical study places partly unconstitutional.
- Among the provisions struck down were the state quotas within the top-grade quota and the unlimited waiting time.
- A waiting-time quota remains permissible but may not exceed 20 percent and must be limited in duration; waiting times of more than four years were regarded as dysfunctional.
- The legislature had to introduce new rules by 31 December 2019.
- Since then the split has been: 30 percent top-grade quota, 10 percent additional aptitude quota, 60 percent university selection procedures, with no separate waiting-time quota.
- The ruling changed nothing about the underlying arithmetic: around 10,000 places face roughly 30,000 applications.
Which route to a study place is realistic in your situation is something we look at together in a free consultation.
Further reading
- Allocation of medical study places – quotas and procedures in detail.
- What your school-leaving average is really worth – the research on the Abitur grade.
- TMS and TMSnat – how the aptitude test works.
- Studying medicine without a numerus clausus – the locations compared.
- One in eleven medical students studies abroad – the figures behind it.
Frequently Asked Questions about the ruling and the allocation of study places
When was the ruling handed down?
On 19 December 2017, case numbers 1 BvL 3/14 and 1 BvL 4/14, First Senate of the Federal Constitutional Court.
What did the court object to?
It found that applicants’ right to equal access to state-provided study places had been infringed, among other things by the state quotas within the top-grade quota and by the unlimited waiting time.
Was the entire procedure overturned?
No. The court upheld the procedure in principle and objected only to essential elements of it.
What did the court say about the waiting-time quota?
A waiting-time quota is permissible but not required. It may not exceed 20 percent of study places, and the waiting time must be limited in duration.
Why were long waiting times regarded as problematic?
Waiting times of more than four years were assessed as dysfunctional because they contribute nothing to assessing aptitude and tie up years of an applicant’s life.
By when did the legislature have to act?
By 31 December 2019. The contested provisions remained in force until the reform.
How are study places allocated today?
After the preliminary quotas have been deducted, across three quotas: 30 percent top-grade quota, 10 percent additional aptitude quota without the school-leaving grade, and 60 percent university selection procedures.
Do waiting semesters still exist?
No, a separate waiting-time quota has not existed since the reform. Waiting time alone no longer leads to a study place.
What role does the aptitude test play?
At many faculties it forms part of the selection procedure and of the additional aptitude quota. The classic TMS is being phased out and will be replaced by the TMSnat from 2027.
How many applicants come away with nothing?
Around 10,000 study places in human medicine face roughly 30,000 applications a year. On the arithmetic, about two in three applications end without a place.
What does this mean for me?
Without top grades the route runs through aptitude tests, the universities’ selection procedures, or studying elsewhere in Europe. Which route is realistic is something we discuss in a free consultation.
Is a degree from another EU country recognised?
Yes, automatically under Annex V of Directive 2005/36/EC, without an individual assessment of content.
Further reading
More guides on this topic
- 28 Lawsuits Against the Rural Doctor Quota and What the Ten-Year Commitment Means
- Medical School Places by German Federal State 2026 – Who Trains How Many
- Studying Medicine and Dentistry in Germany: Universities, NC and Application
Key terms explained
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Marcel Kloos
Swiss-licensed dentist, founder and owner of Medschool Experts
Marcel Kloos is the founder and owner of Medschool Experts, a placement agency for medicine, dentistry, veterinary medicine and pharmacy degrees abroad. Since 2021 the team has secured more than 500 study places at over 25 partner universities in Europe and worldwide.
Study medicine abroad: Marcel's own path
Born in Stuttgart, Marcel started his degree late: at 24 he enrolled at the Medical University of Sofia, Faculty of Dental Medicine, and graduated in 2021 from the English-language programme. He went through the same steps his clients face today — nostrification of school certificates, entrance interviews, finding a flat in Sofia and later the recognition of a foreign degree. In Switzerland he completed the federal recognition procedure and holds a Swiss dental licence.
What Marcel does at Medschool Experts
Today Marcel lives in Bern and runs Medschool Experts full-time. He visits every partner university in person, negotiates placement agreements directly with faculties and deans, and leads the free consultations in which applicants learn at which university they can start next semester. His YouTube channel on studying medicine abroad has helped thousands of applicants compare universities, costs and recognition.
Topics Marcel writes about
- Study medicine abroad without an entrance exam: universities, costs and admission
- Study dentistry, veterinary medicine or pharmacy in Europe in English
- Tuition fees and living costs at medical schools in Europe and worldwide
- Recognition of foreign medical degrees in the EU, Switzerland, the UK and the US
- Transferring between medical schools and returning home into a higher semester
All articles by Marcel Kloos are based on first-hand visits to the universities, placement data from Medschool Experts and conversations with current students. Book a free consultation to discuss your own path.
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