The Geneva University Hospitals lodged an appeal against a decision of the HSM Decision-Making Body, which the Federal Administrative Court upheld in significant part. The HSM Decision-Making Body had awarded the performance mandates for highly specialised visceral surgery for the period from August 2019 to July 2025. The Geneva University Hospitals did not receive a mandate in this allocation process.

In its decision, the Federal Administrative Court particularly held that in the procedure for awarding highly specialised medicine performance mandates, the needs of the insured persons under the compulsory health insurance must first be identified, and that these needs must subsequently be met through the allocation of performance mandates. In this regard, the Court found that the HSM Decision-Making Body had acted arbitrarily in awarding the mandates. The HSM Decision-Making Body had argued that the Geneva University Hospitals had not consistently performed the required minimum of twelve treatments per year. However, the Federal Administrative Court countered that this figure was arbitrary and not a prerequisite for the award of a performance mandate.

Furthermore, the Federal Administrative Court held that refusing to award a performance mandate to the Geneva University Hospitals would clearly result in the needs of the French-speaking part of Switzerland not being met. For this reason, the Federal Administrative Court concluded that the Geneva University Hospitals must be granted the performance mandate and upheld the appeal to that extent.

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