In its decision of 25 March 2026, the Federal Supreme Court dismissed the appeal of a private rescue and transport company (A. AG) seeking integration into the emergency dispatch system of Protection and Rescue Zurich (Schutz und Rettung Zürich, SRZ) under the so-called "next-best principle" (Nächst-Best-Prinzip), whereby the best available rescue vehicle is dispatched regardless of territorial jurisdiction.

A. AG, headquartered in the Canton of Aargau, held a valid operating licence for rescue services in the Canton of Zurich. It sought to be integrated into the SRZ dispatch system without holding a municipal service mandate (kommunaler Leistungsauftrag). The Zurich cantonal health authorities had rejected this on the grounds that, while the company held a cantonal license, it did not have a municipal service mandate. In the canton of Zurich, the responsibility for providing emergency medical services lied with the municipalities, which typically would delegate this task to third parties via service mandates. The Zurich Administrative Court dismissed A. AG's subsequent appeal, holding that a cantonal operating licence alone did not entitle a provider to be included in the dispatch system. The Federal Supreme Court likewise dismissed the appeal. The Court held that under §44 of the Zurich Health Act (Gesundheitsgesetz des Kantons Zürich vom 2. April 2007, GesG/ZH), municipalities bore responsibility for ensuring rescue services and could delegate this to third parties by way of service mandates. Only providers holding such a mandate or covered by a cross-cantonal service agreement with SRZ were entitled to be integrated into the dispatch system. The Court found that this requirement had a sufficient legal basis in §44 GesG/ZH and was justified by significant public interests, in particular ensuring effective emergency response, maintaining short response times, and keeping advance-provision costs economically sustainable. The Court further held that the measure was proportionate: while A. AG was de facto excluded from providing rescue services in Zurich, its economic existence was not threatened, as it remained active in the Cantons of Aargau and Bern. Moreover, like any other provider, it remained free to seek a municipal service mandate through public tender proceedings.

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