Federal Administrative Court, Decision C-2635/2021 from 7 March 2022
1. April 2022 – Presently, the Court had to decide whether the rejection of including a patient on the transplantation list was lawful. The decision was taken in view of two medical contraindications which the Universitätsspital Zürich (USZ) considered to be absolute. The appellant contested the decision as according to him it was based on incorrect statement of facts and the two criteria – significant chest deformity and non-adherence to medical treatment – were inappropriate. The Court held that the decision rendered by the USZ was not issued in accordance with recent case law (Decision C-4780/2019) and did not comply with federal law.
Therefore, the Court upheld the appeal and referred the case back.
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