Questão jurídica principal
Whether the cantonal arbitral tribunal had subject-matter jurisdiction under Art. 89 LAMal over the pharmacist's claim challenging the convention's adhesion fees and annual contribution.
Decisão extraída
Yes. The dispute concerns a statutory and convention-based condition for access to the tariff system and therefore falls within the arbitral jurisdiction for disputes between insurers and providers.
Fundamentação extraída
The claim is based directly on Art. 46 para. 2 LAMal's notion of an equitable contribution to the costs of concluding and executing the convention; it affects the provider's position within the LAMal tariff system and not merely an internal contractual matter.