Federal Administrative Court, Decision C-4125/2019 of 10 March 2021
11 June 2021 – In this decision, the Federal Administrative Court had to assess whether the reclassification of the appellant's medicines from dispensing category C to dispensing category B by Swissmedic was lawful. The appellant considered a reclassification to dispensing category D to be correct. In addition, it complained that its right to a fair hearing had been violated by the fact that it had not been able to comment on the decision beforehand. Furthermore, the appellant objected to a violation of economic freedom, the disproportionate nature of the measure and the charging of fees by Swissmedic.
However, it was not apparent to the Federal Administrative Court in what way Swissmedic had violated the legal basis by classifying the medicines in question in dispensing category B. After a detailed examination, the court considered all the appellant's arguments to be unfounded. The appeal was accordingly dismissed. The appellant has now filed an appeal against this decision with the Federal Supreme Court.
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