On February 19, 2026, the Swiss Federal Supreme Court definitively dismissed the lawsuit filed by several companies and clinics belonging to the same hospital group against the Swiss Confederation. The lawsuit stemmed from a Federal Council ban issued in spring 2020 following the start of the COVID-19 pandemic. This ban prohibited hospitals, clinics, doctors’ offices, and dental practices from performing non-urgent medical procedures between March 17, 2020, and April 26, 2020. In 2023, several companies and clinics within the same hospital group filed a claim against the Swiss Confederation for 15.7 million Swiss francs in damages allegedly incurred as a result of the ban. The Federal Council rejected the claim in March 2024, whereupon the companies and clinics filed a state liability claim against the Swiss Confederation for the same amount with the Federal Supreme Court. The public main hearing took place in Lausanne on February 19, 2026, after which the Federal Supreme Court announced its oral judgment dismissing the case. The written justification for the judgment is still pending.
MLaw Bruno C, Zurich
