Health insurer A Ltd requested reimbursement of CHF 4’384’439 from the Canton of Vaud. According to A Ltd, this amount corresponds to the cantonal share of hospital costs for insured persons with top-up insurance. A Ltd allegedly covered this amount without a legal basis from 2016 to 2020 due to an unlawful cantonal hospital planning decision. However, both the relevant cantonal department and the Administrative Court of the Canton of Vaud rejected the claim. A Ltd subsequently lodged an appeal with the Federal Supreme Court, which also dismissed it.

The Federal Supreme Court ruled that the hospital planning scheme adopted in 2012 had come into force without being challenged before the competent Federal Administrative Court. The Court further found that the planning was not null and void. For these reasons, the Federal Supreme Court concluded that A Ltd had no legal basis to claim reimbursement of the cantonal share of hospital costs and thus did not examine any potential entitlement in greater detail.

A Ltd also filed a second appeal with the Federal Supreme Court concerning the Canton of Geneva and requested that the two proceedings be consolidated. The Court rejected this request on the grounds that the appeals were directed against two separate decisions. However, the Federal Supreme Court reached the same conclusion on the merits of the second appeal.

For more information, see here and here.