Of winners and losers: A commentary of the Bundesverfassungsgericht 'ORD' judgment of 6 December 2022: Cases 2 BvR 547/21 and 2 BvR 798/21, 'Own Resources Decision' Judgment of 6 December 2022

'Alle sind Gewinner' is how the German Tagesschau described the judgment of the Bundesverfassungsgericht upholding the EU's post-Covid recovery plan, NextGeneration EU. On the one hand, the applicants succeeded because the German court imposed conditions on German participation in the programme, ensuring that it never turns into a genuine 'transfer union'. On the other hand, the German government, and its European partners, with the traumatic experience of Weiss still fresh in their minds, could celebrate the fact that NextGeneration EU survived, and rejoice that the Bundesverfassungsgericht was apparently retreating from its confrontational attitude. As is often the case when the German court scrutinises EU acts, everyone who was holding their breath while awaiting the judgment could now arguably sit back and relax.