Facts
The pharmacists' association of the Canton of Fribourg and pharmacist [A.] filed a complaint against the decision of the Administrative Court of the Canton of Fribourg, which revoked the decision of the Health Directorate that prohibited physician [B.] from accepting financial benefits from the mail-order pharmacy "Zur Rose" AG.
The Health Directorate had found that [B.] had informed his patients about the possibility of home delivery of medications by the mail-order pharmacy "Zur Rose" AG and received financial compensation for it.
The Administrative Court revoked the decision of the Health Directorate and denied a violation of the self-dispensation ban and the ban on accepting financial benefits.
The complainants alleged a violation of federal law and an arbitrary restriction of cognition.
Considerations
The Federal Court combined the proceedings and examined the complaints.
The court found that the Health Directorate had issued the decision based on Art. 33 TPA (ban on accepting financial benefits) and Art. 85 GesG/FR (ban on agreements between healthcare professionals).
The Administrative Court had revoked the decision because it did not see a violation of the self-dispensation ban and the ban on accepting financial benefits.
The Federal Court found…