Federal Administrative Court, Decision C-612/2018 of 12 March 2020
30. April 2020 – In a recent decision, the Federal Administrative Court stated that it is up to the FOPH to decide whether, in the case of a simultaneous application under article 65fHealth Insurance Ordinance (KVV), it intends to continue the procedure under article 65d KVV which it has initiated and which can be carried out quickly. Furthermore, it stated that the protection of the first applicant, which the complainant described as foreseeable, could not be taken into account in the three-yearly review of the admission conditions. This on the basis that, according to article 34f para. 3 Health Insurance Benefits Ordinance (KLV), only the changes in the data required for the TQV that are received by 1 July of the year of review are taken into account and the consultation of the Federal Drug Commission, required for the extension of indications, was not yet available on that date. As Swissmedic had not yet granted protection for the first applicant on 1 July 2017, the protection could not be taken into account in the procedure under article 65d KVV. The Federal Administrative Court therefore decided that the lower instance was allowed to use an expired patent for the TQV. The appeal is dismissed. For the full decision, see: https://jurispub.admin.ch/publiws/download?decisionId=a4a7f881-a22c-4dcb-8348-b0de54ec1e6c.