Federal Administrative Court, Decision C-6120/2018, C-6094/2018, C-6119/2018 of 3 November 2020
23 November 2020 – In a recent decision, the Federal Administrative Court held that, despite fluctuating exchange rates, the comparison of prices abroad must be based on the exchange rates on January 1 or July 1, which are published on the Internet. It denied the appellant's request to use the exchange rate applicable on the day of the appealed decision. Furthermore, the Federal Administrative Court held that, in exceptional cases, only the APV may be used if no suitable comparison product is available for the therapeutic cross comparison (TCC). The Federal Administrative Court concluded that the lower instance had exercised its broad discretion properly and dismissed the appeal.
For the full decision, see here.