Facts
In this case, it was about subsidies that the CSS Holding AG as the parent company had paid to its subsidiaries Sanagate AG, CSS Kranken-Versicherung AG and Arcosana AG (hereinafter: KVG companies). These subsidies were intended to finance the implementation of the so-called premium correction according to Art. 106a KVG and to increase the solvency of individual KVG companies.
The Federal Office of Public Health (FOPH) saw in these subsidies a violation of Art. 60 para. 2 KVG, according to which the financing of the mandatory health insurance must be self-supporting. It called on the KVG companies to take measures to restore the lawful state.
The KVG companies filed appeals against the directives issued by the FOPH with the Federal Administrative Court. This court did not enter into the legal precautions with a decision of September 7, 2015.
The KVG companies filed an appeal in public law matters against this non-entry decision of the Federal Administrative Court with the Federal Supreme Court.
Considerations
The Federal Supreme Court concluded that the non-entry decision of the lower court was an interim decision that can only be challenged under the narrow conditions of Art. 93 para. 1 BGG. The appellants would have had to show that the non-entry decision caused an irreparable disadvantage or that the upholding of the appeal would immediately lead to a final decision and thus save a significant amount of time or costs for an extensive evidentiary…