The German Federal Constitutional Court has declared the statutory retirement age for legal notaries unconstitutional. The regulation, which stipulates the termination of notary duties upon reaching the age of 70, was deemed to disproportionately infringe upon professional freedom, according to a ruling released Tuesday.
The plaintiff, a legal notary from North Rhine-Westphalia, filed a complaint arguing that the age limit violated his right to practice his profession. The court determined that the age restriction no longer achieves its intended purpose, particularly given a persistent shortage of qualified applicants for notary positions. This ongoing skills gap undermines the original rationale behind the age limit.
The court has stipulated a temporary continuation of the age restriction until June 30, 2026, to allow state justice administrations time to adapt to the new legal situation. Following this deadline, the regulation will cease to be applicable. The legislature retains the option to establish a revised regulation concerning the termination of notary services for older legal notaries, provided any new rules are designed in a manner compliant with the constitution.
Despite the finding of incompatibility with the constitution, the ruling of the Federal Court of Justice, which was the basis for the constitutional complaint, remains in effect due to the temporary continuation of the age restriction under the specified conditions (ruling of September 23, 2025 – 1 BvR 1796/23).
