Axel Springer tried again recently, arguing that ad blockers “infringe copyright by altering HTML elements on their sites”, and Germany waits, because a similar lawsuit happened in Luxembourg which will be settled on the European level.
https://www.deutschlandfunk.de/bundesgerichtshof-will-entscheidung-auf-europaeischer-ebene-abwarten-104.html (in German)
Another article, where they tried the exact same thing two years ago: https://www.spiegel.de/netzwelt/web/landgericht-hamburg-ueber-adblock-plus-springer-verlag-verliert-erneut-a-5e058ee7-e0fa-4f0e-aa10-d95d9cfad654 (also in German)
(Also it’s not a constutional right (Verfassungsrecht), since it wasn’t the BVerfG that ruled in the first case (they tried to get them to rule, but no response was given), but a civil case ruled in the first instance by the BGH, after the local courts told Axel Springer to get bent)
(Edited: Added more context)
Agreed. Even though I dislike Eyeo’s practices as well (letting the ad companies pay for whitelisting their ads), it’s a better outcome than outright banning ad blockers (or if Axel Springer had gotten their ways, “light” web-browsing via reader modes would have been turned illegal as well)