26 August 2025 – In its decision C-4467/2022 of 23 July 2025, the Federal Administrative Court upheld the appeal filed by Adus-Medica AG regarding its non-inclusion on the hospital list of the canton of Zurich. Besides other arguments, the government council of the canton of Zurich had held that Adus-Medica AG was not relevant to supply and only covered a small number of cases. Therefore, it did not place Adus-Medica AG on the hospital list as of 2023.

The Federal Administrative Court held that the selection criteria had not been clearly defined and communicated, especially the criteria of the relevancy for supply. Additionally, the government council of the canton of Zurich had used the wrong data when calculating the case numbers, since the supply share should be calculated in relation to the cantonal residents.

While “using synergies” was a valid criterion according to the Ordinance on Health Insurance (Krankenversicherungsverordnung, KVV), it had to be specified by the cantons, since it was generally very vague. However, the government council had not specified the criteria in advance and only pointed to the broader medical spectrum during the court proceedings and, therefore, too late.

Consequently, the Federal Administrative Court upheld the appeal and referred the case back to the government council for reconsideration.

For more information, see here.