Facts
The DFC has declared inadmissible the public law appeal filed by three private clinics against the Federal Council's Ordinance of 21 November 2007 approving the revision of the TARMED tariff structure for medical services. This revision, submitted by Santésuisse, the Swiss health insurers, the Swiss Medical Association (FMH) and H+ The Swiss Hospitals, included in particular the Transitional Agreement for Radiologists between Santésuisse and the FMH.Considerations
The DFC considered that the Federal Council's Ordinance on the approval of the revision of the TARMED tariff structure fell under public law and could therefore be the subject of a public law appeal. However, Art. 86 para. 1 FSCA does not provide for a right of appeal against decisions of the Federal Council. This exclusion is in line with Art. 189 para. 4 of the Federal Constitution, which excludes the possibility of appealing to the DFC against acts of the Federal Council, except as provided by law.
The DFC rejected the appellants' argument that this lack of a right of appeal would violate Art. 29a of the Federal Constitution, which guarantees the…