Question juridique clé
Whether Swissmedic had standing to bring the administrative appeal against the commission's decision.
Solution extraite
Swissmedic was entitled to appeal because Art. 28 VRSK authorized it to challenge commission decisions when it had acted as the prior authority.
Motifs extraits
The institute is an autonomous public-law body and, as the prior authority, had a sufficient basis under the procedural ordinance; the broader question under Art. 84(2) HMG could remain open.