Facts

The Canton of Bern (appellant) was the place of residence of [M.] , born in 1956, and was requested by the Canton of Zurich (respondent) to cover the costs for a medical transport of [M.] on 31 January 2009. The Canton of Bern filed an objection against the request for cost reimbursement, as [M.] was not in need at the time of the transport and the notification of assistance. The Administrative Court of the Canton of Zurich dismissed the appeal of the Canton of Bern.

Considerations

The Federal Supreme Court decided that the Canton of Bern, as the canton of residence, has to reimburse the costs of the emergency assistance provided by the Canton of Zurich. Even though [M.] was not considered in need of social assistance at the time of the transport, as she had non-attachable income, the duty of the canton of residence to reimburse the costs applies if the assisted person is at least not able to cover the assistance costs from their own means in a timely manner, in the presence of a certificate of…