Facts
The complainant, [A.] , filed a petition with the Department of Finance and Health of the Canton of Glarus, which was referred to as an administrative complaint, and requested that it be established that three doctors had violated their professional duties and denied him emergency services. The department did not consider the complaint, and the government council rejected the complaint filed against it. The Administrative Court of the Canton of Glarus did not consider the complainant's complaint and levied court costs.
The complainant requested the Federal Court to overturn the decision of the Administrative Court and establish that the three doctors had violated their professional duties and discriminated against him. He argued that due to his health situation, he had a legitimate interest in the treatment of his petition.
Considerations
The Federal Court examined whether the lower court had violated the prohibition of arbitrariness or the prohibition of denial of justice or the complainant's right to be heard by interpreting his petition as a mere notification and denying a claim for formal treatment.
The court found that the complainant had a legitimate interest in the treatment of his petition, as he had a concrete interest in clarifying the alleged denial of emergency services due to his health situation. The lower court's decision not to consider the complaint therefore…