Question juridique clé
Whether the obligation to pay premiums before changing insurer under Art. 9 para. 3 OAMal is lawful.
Solution extraite
The obligation cannot be applied because it adds a significant restriction to the free choice of insurer that is not provided for by the LAMal and therefore lacks a sufficient legal basis.
Motifs extraits
Requiring prior payment of premiums before a change of insurance constitutes an important obstacle to the statutory freedom to choose an insurer. As this restriction is not foreseen in the LAMal, it violates the legality principle.