Questione giuridica chiave
Whether Swissmedic had standing to bring the administrative appeal against the commission's decision.
Decisione estratta
Swissmedic was entitled to appeal because Art. 28 VRSK authorized it to challenge commission decisions when it had acted as the prior authority.
Motivazione estratta
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.