28 août 2024 – In its decision of 16 January 2024, the Federal Supreme Court dismissed the appeal by a German pharmacist seeking a license to practice in the Canton of Berne under his own professional responsibility. The court upheld that the appellant, who held a diploma from the University of Damascus and was licensed by the Pharmacists' Chamber of Lower Saxony (Apothekerkammer Niedersachsen), could not obtain the required Swiss license due to the lack of a Swiss federal continuing education qualification (Weiterbildungstitel), as stipulated by Article 36 para. 2 of the Federal Act on Medical Professions (Medizinalberufegesetz, MedBG).

Even if indirect discrimination based on nationality could not be ruled out, the court noted that the Swiss requirement for a federal continuing education qualification complies with both the Agreement on the Free Movement of Persons (AFMP) and EU Directive 2005/36/EC. It confirmed that this requirement is a valid and proportionate measure to ensure high standards of pharmaceutical care and public health protection.

The court therefore dismissed the appellant's arguments regarding discrimination and undue restriction of economic freedom. Since the appellant also holds a cantonal deputy license (Stellvertretungsbewilligung) that allows him to adequately perform pharmacy duties while completing the required continuing education, the court concluded that the deputy license provides sufficient professional opportunities, and that the continuing education requirement does not constitute discrimination.

For more information, click here.