For the time being, the Federal Office for Information Security (BSI) can continue to warn about the virus protection software from the Russian provider Kaspersky.
The Federal Constitutional Court did not accept an action brought by the German subsidiary for decision.
This means that the urgent application associated with the constitutional complaint has also been settled.
It is "not unreasonable to wait for a decision on the main matter before the administrative courts" (Az. 1 BvR 1071/22).
BSI: There is a significant risk
In view of the Russian war of aggression against Ukraine, the BSI recommended replacing anti-virus software from Kaspersky with alternative products in mid-March.
There is a significant risk of "a successful IT attack" in which a Russian manufacturer could be a tool or actively involved against its will.
Kaspersky had spoken of a decision for political reasons and complained about it.
The Cologne Administrative Court rejected an urgent application, and a complaint to the North Rhine-Westphalian Higher Administrative Court was unsuccessful.
The constitutional judges stated that Kaspersky "did not state that the administrative courts violated fundamental rights precisely by the way in which they processed the application for an interim order".
Only the detailed examination of the factual and legal situation puts the Federal Constitutional Court in a position to decide on questions relevant to fundamental rights.
The actual circumstances of the security of the software would have to be clarified by the competent specialist courts.
Kaspersky announced after the decision that they are considering applying for this test.
Since the Federal Constitutional Court does not consider regular court proceedings to be obviously hopeless in the main case, its legal opinion is confirmed.