Federal Administrative Court, Decision C-4768/2019, C-5308/2019 of 13 October 2020

17 November 2020 – In a recent decision, the Federal Administrative Court addressed the question of whether the applicability of article 12a of the Medical Devices Ordinance (MepV) is a fundamental issue that requires a judicial assessment even without current practical interest. Such an exceptional case is to be assumed if it is a question of principle which is highly likely to occur again and could not be subjected to judicial review in time. The Federal Administrative Court, in agreement with the lower court, held that it was unlikely that the question at issue would arise again, given that the possibility of setting a time limit under article 12a MepV would no longer exist from 26 May 2021. The appeals are dismissed.

For the full decision, see here.