Facts
X., a trained primary school teacher, obtained the diploma as a Body-Centered Psychotherapist IKP in 2004 and was licensed for independent professional practice as a psychotherapist in the Canton of Graubünden in 2006. In January 2007, she applied in the Canton of Zurich for a corresponding permit, which the Cantonal Health Directorate of Zurich granted her on the condition that X. complete a basic education in accordance with Zurich's legislation. X. and the Competition Commission successfully appealed against this decision to the Administrative Court of the Canton of Zurich, which overturned the decision and instructed the Cantonal Health Directorate to issue X. the permit for independent practice of non-medical psychotherapy without conditions.
The Canton of Zurich then filed an appeal in public law matters with the Federal Supreme Court, requesting the overturning of the Administrative Court's decision and the referral of the case back to the lower instance with the instruction to assess which additional academic achievements X. would have to provide as a requirement or condition.
Considerations
The Federal Supreme Court dismisses the appeal of the Canton of Zurich. It finds that the Canton of Zurich is entitled to appeal in public law matters insofar as it concerns the general assessment of the asserted claim to admission under the Domestic Market Act, but not with regard to the purely individual aspects of the individual case.
On the merits, the Federal Supreme Court considers the approach of the Administrative Court…