Federal Administrative Court, Decision C-638/2018 of 12 March 2020

23. April 2020 – In a recent decision, the Federal Administrative Court stated that the information provided by the expert within the framework of the triennial price review is an essential document that must be recorded in writing and submitted to the Federal Administrative Court together with the complete preliminary files as part of the regular record keeping pursuant to article 12 lit. c or e Federal Act on Administrative Procedure (APA). Since no exception pursuant to article 27 APA is apparent, the failure of the lower instance to make this document available constitutes a gross violation of the complainant’s right to be heard. The appeal is to be approved on formal grounds. In addition, the Federal Administrative Court states that the settlement carried out by the lower instance is not compatible with the legal regulations. Contrary to the opinion of the lower instance, the term "adequate" in the sense of article 65d para. 3 Health Insurance Ordinance (KVV) does not mean that the settlement must be "as broad as possible". The issue is therefore rejected to the lower instance for additional clarification in compliance with the legal regulations regarding inspection of files and the right to be heard. For the full decision, see: here.