Facts

On 10 September 2003, the Cantonal Council of the Canton of Solothurn enacted a new law on the introduction of the Federal Act on Therapeutic Products (TPA/HMG). With regard to the dispensation of medications by medical professionals (so-called self-dispensation), this law provides the following:
  • Private pharmacies of self-dispensing physicians, dentists, and veterinarians require a separate operating license, except for the direct application of medications to patients or in emergencies.
  • The professional practice license for physicians, dentists, and veterinarians entitles them to operate a private pharmacy.
  • Self-dispensing medical professionals must inform patients that medications can be obtained from their private pharmacy, a public pharmacy, or a mail-order pharmacy.
The Pharmacists' Association of the Canton of Solothurn, three pharmacists, and a pharmacy customer filed a constitutional complaint against these provisions.

Considerations

The Federal Supreme Court came to the following conclusion:

The complainants are not legitimized to file a constitutional complaint. Neither Art. 37(3) of the Federal Health Insurance Act (HIA) nor the invoked provisions of the Therapeutic Products Act (TPA) establish a protective norm in favor of the pharmacists. Also, according to the principles of the so-called AVLOCA case law on the…