Federal Administrative Court, Decision C-4967/2019 of 8 June 2021
2 July 2021 – In this decision, the Federal Administrative Court had to assess whether the refusal to extend the service contracts in connection with the updating of the Zurich hospital lists was lawful. In addition to a complaint of violation of the right to be heard by the appellant, it was in particular disputed and - from the perspective of the limited cognition of the Federal Administrative Court in appeal proceedings concerning hospital lists - to be examined whether the lower court should have issued the appellant with service orders for the service groups concerned.
After a comprehensive examination, the court concluded that, on the basis of the applicable law, it was not contrary to federal law that the lower court had not awarded the appellant any service contracts for the service groups concerned as a result of not achieving the minimum case numbers on the hospital list. It was not decisive whether the appellant fulfilled the service-specific requirements in terms of infrastructure and required specialist staff and would be able to achieve the minimum case numbers in the future. The law does not give individual hospitals a legal right to be included in the hospital list. The cantons also have considerable discretion in the selection of service providers, which cannot be reviewed by the Federal Administrative Court with regard to the appropriateness of the decision. The appeal was consequently dismissed.
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