Facts
The Cantonal Council of the Canton of Schwyz issued a new regulation on the healthcare system on 16 October 2002. This regulation provides that doctors and dentists with a professional practice permit may dispense medicinal products for immediate application to the patient. The Pharmacists' Association of the Canton of Schwyz and four independent pharmacists filed a constitutional complaint against § 33 of the regulation.
The complainants argue that § 33 of the regulation is in conflict with provisions of federal law, in particular with Art. 37 para. 3 of the Federal Act on Health Insurance and with Art. 24 para. 1 lit. b, Art. 26 para. 1 and Art. 30 of the Federal Act on Medicinal Products and Medical Devices.
Considerations
The Federal Court examined the complainants' entitlement to file a constitutional complaint. The complainants are not affected in their legal status, as the contested norm relates to the activities of doctors and dentists and not to the activities of pharmacists.
The Federal Court concluded that the complainants are not entitled to file a complaint, as they are not affected by the contested regulation in their legally protected interests. The complainants cannot invoke the principle of equal treatment of trade associations, as there is no direct competition between the two…