Facts
The case concerns a physician (Dr. med. [A.] ) who was called in by the Cantonal Police of Bern to determine the death of a person in an apartment in Herzogenbuchsee. After the amount of CHF 155.45 invoiced for this was not paid by the estate or the survivors due to the renunciation of the inheritance, the physician requested the Police and Military Directorate of the Canton of Bern to settle the outstanding amount of CHF 152.65. However, the cantonal authority rejected the request and imposed procedural costs of CHF 600.-- on the physician.
The physician filed a complaint against this decision with the Administrative Court of the Canton of Bern, which was dismissed. Thereupon, the physician filed a complaint in public law matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court concluded that the police had called in the physician to fulfill a public law obligation to issue a medical certificate for the notification of the death. Since, according to subsidiary federal private law, remuneration is owed for this public law legal relationship if it is agreed upon or customary, the lower instance should have obliged the Canton of Bern to pay the physician the outstanding amount of CHF 152.65 plus default interest.
The Federal…