Preliminary injunction maintaining ban on paternity test to preserve familial relations against imminent constitutional success

The Federal Constitutional Court ordered the reiteration of a preliminary injunction for a further period of six months, upholding the prior suspensive measure that prevents the respondent from participating in a paternity test via buccal swab, thereby ruling in favor of the complainant's request for continued protection. The dispute centers on a constitutional complaint challenging the enforcement of genetic testing, where the applicant argued that the potential for the constitutional complaint to succeed in the main proceedings is jeopardized by the destructive nature of the paternity test. The Court's decision rests on the doctrine of proportionality, specifically finding that the disadvantages of performing the investigation—defined as the disturbance or destruction of the social and familial relationship—outweigh the immediate interest in conducting the test while the underlying constitutional claims are pending.