Facts
The appellant, Dr. med. [A.] , applied for a permit for the import and export as well as for the wholesale trade of ready-to-use medicinal products for his medical practice. Swissmedic rejected the application, as the appellant did not have the required reliability, having operated unauthorized wholesale trade with medicinal products as a member of the board of directors of Klinik [B. AG] . The Federal Administrative Court dismissed the appellant's complaint.
The appellant filed a complaint with the Federal Court and requested the annulment of the judgment of the Federal Administrative Court and the remittal of the case to Swissmedic for the issuance of the requested operating permit.
Considerations
The Federal Court examined the correct application of federal law and investigated the violation of fundamental rights. It found that the lower court had not properly judged the case, as it had not examined whether the unauthorized wholesale trade with medicinal products by the appellant could be subsequently authorized.
The Federal Court stated that the TPA provides for an unexamined legal claim of the holder of a manufacturing or import permit to obtain a wholesale permit.…