Prior to the entry into force of the Prostitution Act, contracts for sexual services were generally regarded as immoral within the meaning of Section 138(1) of the BGB (civil code).

"[4] The European Court of Justice has made it clear that prostitution is a gainful employment that is" part of the common economic life "within the meaning of Article 2 EC.

[5] Rulings on immorality, however, have not been passed in civil law, due to doubts about enforceability, compensation for bad performance, etc.

[1] "If sexual acts have been carried out against a previously agreed charge, this agreement constitutes a legally enforceable claim.

The same applies if a person, in particular in the context of an employment relationship, provides for the provision of such acts for a previously agreed fee for a certain period of time.

Beyond the wording, the claim also can not be asserted by means of the power of attorney or process status, although substitution (acting in a foreign name) remains possible.

"For prostitutes, the limited right to give instructions in the context of a dependent activity does not preclude the assumption of employment within the meaning of social security law.

[14] The Federal Social Court found, in a judgment of 6 May 2009, that the Prostitution Act was enacted to protect employees and not to promote business.

In the coalition agreement negotiated by the CDU, CSU and SPD after the 2013 general election, a "comprehensive revision" of the Prostitution Act was announced.

In the future, action should also be taken against people "who knowingly and wilfully exploit the predicament of victims of trafficking and forced prostitution and abuse them for sexual acts".