The article shows the extent to which the implementation of inclusion in Germany has been promoted by the case law of German administrative courts from the point of view of equal opportunities. The framework conditions were already set by the decision of the Federal Constitutional Court (October 18, 1997) in advance. The decisions of the administrative courts based on this do not suggest that inclusive schooling will always be enforced in court and that the expectations aroused in the public after the resolution of the CRPD can be realized in the short term. In particular, the budget reservation (Art. 4 Para. 2 CRPD) will impede a quick implementation. The judicial procedures ensure the equality of opportunities only at the procedural level. The individual equality of opportunities is measured individually according to the requirements of Art. 3 German Constitution.

Keywords
inclusion, CRPD, equal opportunities, jurisdiction