Facts

The facts can be summarized as follows

  • Dr. med. [A.] acquired the Austrian medical diploma in 1998, which was recognized in Switzerland in 2007. In 2006, he obtained the Austrian specialist title for Gynecology and Obstetrics, which was recognized in Switzerland in 2007 as the "Specialist Title for Gynecology and Obstetrics".
  • On July 2, 2012, Dr. med. [A.] applied for the advanced title "Reproductive Medicine and Gynecological Endocrinology". The Title Commission of the SIWF rejected the application on July 5, 2013, as he was still missing two years and six months of further training.
  • Dr. med. [A.] filed an appeal against this decision with the Appeals Commission of the SIWF on August 7, 2013, which rejected the appeal on May 28, 2014.
  • Dr. med. [A.] then filed a complaint with the Federal Administrative Court, which upheld the complaint on November 28, 2017 and overturned the decision of the Appeals Commission.
  • The FMH, acting through the SIWF, filed an appeal in public law matters against this judgment of the Federal Administrative Court with the Federal Supreme Court.

Considerations

The Federal Supreme Court upheld the appeal of the FMH and overturned the judgment of the Federal Administrative Court. It came to the following conclusion:

  • The granting of the advanced title "Reproductive Medicine and Gynecological Endocrinology" by the FMH does not constitute a public law task, as there is no legal basis for it.
  • The Medical Professions Act…