Dismissal of the constitutional complaint against the refusal of a self-dispensation permit

Facts

The complainant, a doctor, had submitted an application for a permit to dispense medication at his practice location in [A.] . The Health Department of the Canton of Aargau rejected the application, and the Government Council of the Canton of Aargau confirmed this decision. The Administrative Court of the Canton of Aargau dismissed the appeal lodged against it.

The complainant filed both an administrative court appeal and a constitutional complaint with the Federal Court and requested the annulment of the judgment of the Administrative Court and the grant of the permit to dispense medication.

Considerations

The Federal Court examined the admissibility of the appeals and decided that the administrative court appeal was inadmissible, as the contested decision was based on independent cantonal law. The constitutional complaint, however, was admissible.

The Federal Court examined the complaint of a violation of economic freedom and decided that the restriction of self-dispensation by the Canton…