Social welfare court Nuremberg of 08. August 2019, ref.no.: S 7 KR 37/19
Facts of the case: The complainant’s gender identity is female, however her gender body is male. Therefore, she applied for a cost absorption for a surgical operation at her health insurance. Several reports were prepared which prove that the complainant feels a belonging to the female gender. The health insurance objects this and states that it need an evaluation by the medical service of the health insurance to make a final decision. In their report, they stated that the requirements for a cost absorption of the requested medical measures by the health insurance are not sufficiently fulfilled and substantiated. 

Judgment: The court ruled in favour of the complainant. She does have the right for cost absorption of her surgery costs. The legal basis for this decision is § 21 para. 1 sentence 1 Volume V of the Social Insurance Code. In order to be able to claim medical treatment, they have to ‘suffer from their illness’. The WHO classification of ‘transsexuality as a disease’, valid until 2022, also applies to  Germany. Trans* people live on the irreversible and permanent consciousness to belong to a gender they were not assigned with at birth due to their physical sex characteristics. The definition of their gender identity is not a right of the medical service of the health insurance, but only for the complainant herself.

Higher Administrative Court of Hamburg of 17.05.2019, ref.no.: 5 Bf 225

Facts of the case: A federal policewoman sues for the complete adaptation of her personnel file to the female gender. Previously, she had her name changed and underwent a surgical operation. She calls on the defendant to adapt all documents in the personnel file to her current first name and to the female gender.

Judgment: The court did not rule in favour of the complainant. § 5 para. 1 TSG (prohibition on disclosure) does not justify a claim for civil servant staff to change the contents of their personnel file after changing their name for the time beforehand. Such a claim also does not arise from the right of rectification (Art. 16 DSGVO) under data protection law, the duty of care under civil service law (§ 17 Federal Civil Service Act) or the fundamental right to informational self-determination according to the general right of personality (art. 2 para. 1 in connection with art. 1 para 1. GG.

Higher Regional Court Frankfurt of 24.05.2017, ref.no.: 20 W 223/16
Facts of the case: The person was assigned female at birth and applied for the adaption of the first name and the gender entry as male, according to the Transsexual Act. However, this was rejected by the registry, as the person has Turkish citizenship and therefore, the change should be applied for in Turkey.

Judgment: The court ruled in favour of the complainant. Despite foreign nationality, an application for first name change pursuant to §1 para. 1 no. 3 TSG, can be made, since the applicant’s Turkish domestic law does not provide a similar regulation to the TSG. The first name should therefore be adapted. In a previous case law, the Federal Constitutional Court had already stated that the right of free development of one’s personality according to the general right of personality from art. 2 para. 1 in connection with art. 1 para. 1 GG protects the first name of a person as a means of finding his personality and development. However, it is also an expression of the experienced and acquired gender identity, whereby the assignment also depends to a large extent on the psychological constitution and the sustainably self-perceived gender.