Admission of balneotherapy establishments to practice at the expense of compulsory health insurance

Facts

On 8 December 1995, the Federal Department of the Interior (DFI) issued a decision concerning the admission of balneotherapy establishments as providers of services for health insurance. The Mineral- und Heilbad X AG, operator of a balneotherapy establishment not listed on the list of recognized establishments, filed a complaint with the Federal Administrative Court. The Court referred the case to the DFI to make a decision on the application for admission of the balneotherapy establishment.

The DFI then issued a new decision on 17 January 2001, which did not admit the balneotherapy establishment in question. The Mineral- und Heilbad X AG filed a new complaint with the Federal Administrative Court, requesting the admission of its balneotherapy establishment or, failing that, a new judgment on its application for admission.

Considerations

The Federal Administrative Court considered that the legal provisions applicable to the admission of balneotherapy establishments are sufficiently determined to allow a decision. However, the complexity and variability of the facts to be regulated have led to a certain indeterminacy of the legal norms.

The Court emphasized that the principle of legality and the right to be heard are fundamental guarantees in administrative procedure. When a decision is based on an indeterminate legal norm, it is necessary to strengthen the procedural guarantees to compensate for the decrease in normative density.

The Court considered that the DFI did not respect the right to be heard of the Mineral- und Heilbad X AG, as it did not give the…