Question juridique clé
Whether the insurer owed default interest to the care provider under the tariff contract or statute.
Solution extraite
No. Neither the tariff contract nor Art. 26(2) ATSG nor any general legal principle created a claim for default interest in this provider-insurer relationship.
Motifs extraits
The tariff agreement contained no interest rule; Art. 26(2) ATSG applies to the insured-person/insurer relationship and is excluded in Art. 1(2) KVG for tariff matters and Art. 89 KVG proceedings; no general public-law principle of default interest was recognized here.