Federal Supreme Court, Decision 2C_836/2020 of 18 February 2021

21 March 2021 – In this decision, the Federal Supreme Court had to decide whether the withdrawal of suspensive effect from Swissmedic's order prohibiting the appellant from placing implants on the market was permissible. The lower court had come to the conclusion that the public interests in health protection outweighed the economic interests of the appellant, which was why it denied the restoration of the suspensive effect. The appellant lodged an appeal against this decision and alleged a violation of the right to be heard and a violation of the duty of review when assessing the suspensive effect.

After careful consideration, the Federal Supreme Court ruled that the lower court had acted without arbitrariness in refraining from restoring the suspensive effect. The Federal Supreme Court dismissed the appeal.

For the full decision, see here.