Federal Administrative Court, Decision C-2880/2019 of 24 March 2021

9 avril 2021 – In this decision, the Federal Administrative Court ruled on the appeal of a private hospital regarding the cantonal hospital list. Because the required availability of medical specialists was not given, the lower court had initially not granted the appellant a service mandate. In contrast, the appellant argued that it had ensured the necessary availability of medical specialists through employed specialists and in close cooperation with another institution. In particular, the medical specialists team had been further strengthened since then. Finally, the lower court acknowledged in the consultation that the appellant now fulfilled the required availability of specialists. The Federal Administrative Court thus ordered the lower court to grant the appellant a temporary service mandate. The appeal was upheld.

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