26.5.2026
SL Insight Newsletter #36
TQV: BAG's Success with Tardyferon
Marcel Boller
In its ruling C-3841/2023 of May 6, 2026, the Federal Administrative Court dismissed the appeal against a price reduction in the context of the triennial review of Tardyferon. Unlike in the earlier Relaxane decision (C-3838/2023), the Federal Administrative Court prevailed in this case.
What are the key points?
- The Federal Administrative Court upholds the Federal Office of Public Health’s discretion regarding product categories: When comparable products from the same category are available, the TQV applies only if the other category is more favorable
- The Spiegel-TQV thesis (“Since a competing product compares itself to us, we are allowed to compare ourselves to it”) does not hold up; cost-effectiveness must be assessed on a product-by-product basis
What does this mean in relation to C-3838/2023?
The two rulings address different points of contention: C-3838/2023 concerns the comparability of a comparator in general—in this case, the Federal Labor Court (BAG) is required to provide a rationale. C-3841/2023 concerns the discretion to choose among comparators that are already comparable—and in that case, the Court upholds the BAG’s broad discretion.
