Questão jurídica principal
Whether the reform appeal was admissible in a dispute over a health-insurance tariff claim between an insurer and a private clinic.
Decisão extraída
No. The dispute concerned public-law claims under social health insurance, not a civil-law contestation, so the reform appeal was unavailable.
Fundamentação extraída
Under Arts. 44-46 OJ, reform appeal lies only in civil disputes. The object of the action was a public-law tariff dispute governed by LAMal, and such matters fall under the arbitral tribunal of Art. 89 LAMal.