Facts
S. is a British national, has been residing in Switzerland since 1966 and holds a permanent residence permit here. On November 20, 1996, he passed the cantonal examination for naturopathic practitioners in the Canton of Appenzell Ausserrhoden and received the authorization to practice naturopathy in Heiden from the Sanitary Directorate of the Canton of Appenzell Ausserrhoden on January 9, 1997. On June 30, 1997, he applied to the Health Directorate of the Canton of Zurich to be granted a permit to practice naturopathy in the Canton of Zurich, based on the Federal Act of October 6, 1995 on the Domestic Market (Domestic Market Act, BGBM). The Directorate rejected the application, as the Zurich law did not provide for a permit to practice as a naturopathic practitioner.
S. unsuccessfully appealed to the Governing Council of the Canton of Zurich and subsequently filed a complaint with the Administrative Court of the Canton of Zurich. The court dismissed the complaint and ordered the complainant to pay the court costs.
S. filed a constitutional appeal, requesting the annulment of the Administrative Court's judgment. He alleges a violation of Art. 2 of the Transitional Provisions of the Federal Constitution in conjunction with the Domestic Market Act, an arbitrary assessment of the evidence, and a violation of the freedom of trade and industry.
Considerations
The Federal Court dismisses the appeal.
The Domestic Market Act regulates the free movement of goods and services, but not the establishment of a business. Anyone wishing to establish a business in a canton must comply with the law in force there and cannot rely on the fact that different rules apply for a corresponding establishment in another canton.
It is compatible…