Federal Administrative Court, Decision C-471/2019 of 7 October 2020

27. November 2020 – In a recent decision, the Federal Administrative Court held that a requirement imposed as part of the therapeutic cross-comparison (TCC), according to which a smaller package must be introduced, is not unreasonable. Rather, such a requirement is in line with the objective of periodic price review in accordance with article 32 para. 2 of the Swiss Federal Health Insurance Act (KVG) and the principle of economy set out in article 43 para. 6 KVG.

The Federal Administrative Court furthermore stated that the practice introduced in the field of oncology, whereby the TCC of parenteralia is based on the effective dose of the active substance used and does not take the waste into account, cannot be applied to the present case, in which a parenteralia is compared with a pharmaceutical in another galenic form for which no waste is to be assumed.

The decision is being appealed.

For the full decision, see here.