Facts
X and Y, physiotherapists, contested before the Cantonal Arbitration Tribunal of Fribourg the decisions of the joint commission SPV-KSK/MTK/MV/IV and the insurers (health insurance funds, accident insurance, military insurance and disability insurance) that had reduced the applicable tariff for Y's services, on the grounds that he did not hold the Swiss diploma of physiotherapist or an equivalent foreign qualification. The Arbitration Tribunal dismissed their claim.Considerations
The Federal Insurance Tribunal first found that the procedure before the Cantonal Arbitration Tribunal was not valid, as it had not been preceded by the conventional conciliation procedure provided for in the applicable tariff agreements. Indeed, the joint commissions provided for in these agreements had not been seized beforehand.
Furthermore, the Federal Tribunal considered that the insurers did not have the power, within the framework of a tariff agreement, to unilaterally regulate their legal relations with service providers by way of decision. Disputes concerning the application of tariff agreements must be submitted to the conciliation bodies and, if…