Federal Administrative Court, Decision C-618/2016 of 17 April 2019

24 May 2019 – The Federal Office of Public Health (FOPH) divided the medicines included in the list of specialities into three groups of almost equal size and then allocated those groups to the years 2016, 2017 and 2018 for the review of whether the medicines still meet the requirements for inclusion. Several pharmaceutical companies requested a contestable order on this allocation. The FOPH refused to issue such an order, so the appellants filed a complaint with the Federal Administrative Court. The Court rejected the appeal and held that the appellants were not able to demonstrate that their legal position had been interfered by the allocation. Moreover, the appellants currently do not have a protectable interest in a contestable order, especially as they can also safeguard their interests later on in potential price reduction proceedings.