Interim injunction suspending compulsory participation in paternity test due to disproportionate infringement of social and family life

The Federal Constitutional Court, First Senate, Second Chamber, repeated its interim injunction for an additional six months, effectively allowing the applicant to prevail in maintaining the stay. The case involved a constitutional complaint challenging a lower court order that compelled the respondent to participate in a paternity test via buccal swab. The Court held that the disadvantages of performing the examination and the potential subsequent success of the main constitutional complaint weighed against the immediate enforcement of the medical procedure, as such tests could disrupt or destroy the social and family relationship. The decision rests on the constitutional right to bodily integrity and the prohibition of judicial coercive measures that disproportionately infringe upon personal autonomy and family life during pendency of the main proceedings.