Federal Administrative Court, Decision C-6365/2018 of 17 February 2021
28 April 2021 – In this decision, the Federal Administrative Court had to assess whether the decision of Swissmedic to suspend the operating licence granted to the appellant for the import and export of medicines as well as for the wholesale trade and the trade of medicines abroad due to the violation of its duty of care was lawful. Swissmedic accused the appellant of failing to take measures in accordance with the requirements of the rules of Good Distribution Practice (GDP) and to report the illegal origin of the medicines, despite the suspicion of their illegal origin. The appellant, on the other hand, took the view that it had no obligation to notify Swissmedic. The supplier in question had long since ceased supplying the appellant. After a comprehensive examination, the Federal Administrative Court ruled that the appellant had breached its duty to notify Swissmedic. Thus, the court was of the opinion that the appellant must have been aware of discrepancies regarding the origin of the supplier's medicines at an earlier point in time. The appeal was consequently dismissed.
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