found that the TESM was constitutional in respect to the GG.
to the Court argued that Article 34 TESM hinders the flow of information
236) Article 34 TESM bars anyone working on, or having worked on, the
Articles 32(5), 34, and 35(1) of TESM as applying the professional
243) In order for Germany to ratify the TESM, it would have to do so
Therefore, Germany could only assent to the TESM if its provisions could
Concerning the TESM, it is interesting, yet perhaps not practically
the TESM to the level of constitutionality required for legislation to
concerned with possible conflicts between the TESM and German
See German TESM ruling, supra note 164, [paragraph] 1
three key arguments that stood out in the German TESM ruling).
reviewing the TESM, the Court does not dispute that Article 125 TFEU