Federal Administrative Court, Decision C-3925/2019 of 30 March 2021

9 April 2021 – In this decision, the Federal Administrative Court had to assess the appeal of a private birth centre against the decision of the Government Council (ZH) in connection with the amendments to the Zurich hospital lists and their annexes, which stated that women giving birth may not be transferred to an acute hospital in the parents' car or a taxi. Instead, transfers in cars of the birth centre are only permitted in exceptional cases if no ambulance or patient transport vehicle is available. The birth centre appealed against this decision, particularly complaining that the decision lacked clarity and was contradictory.

After careful consideration, the Federal Administrative Court upheld the appeal in part. The court considered the regulation on transfers from the birth centre to be partly misleading. In addition, it declared the order that transfers had to be carried out by a car from the birth centre and that the birth centre had to provide the driver for urgent transfers to be disproportionate and thus contrary to federal law. Consequently, the appeal was partially upheld.

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