Federal Administrative Court, Decision C-2410/2019 of 26 May 2021
18 June 2021 – The subject matter of the present appeal proceedings was the order of the Federal Office of Public Health (FOPH) reducing the public price of the medicine marketed by the appellant in the context of the triennial review. The appellant claimed that the FOPH had not given sufficient reasons for its ruling on the ex-factory price of a comparative product and had thus infringed its right to be heard. In addition, the calculation of the foreign price comparison (APV) was in dispute.
The Federal Administrative Court found that the APV carried out by the FOPH was based on valid reasons. The corresponding explanations of the FOPH that the term "same medicine" used in art. 34abis para. 2 of the Ordinance on Health Care Services (KLV) is to be interpreted in the sense of a material understanding were convincing. Consequently, the Federal Administrative Court dismissed the appeal.
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