Questão jurídica principal
Whether the cantonal arbitral tribunal had subject-matter jurisdiction over the KVG tariff dispute concerning an out-of-canton elective treatment
Decisão extraída
The tribunal had jurisdiction because the dispute concerned the applicable KVG tariff and tariff protection.
Fundamentação extraída
Where the claim is founded on tariff protection, the arbitral tribunal’s jurisdiction follows from the subject matter of the claim. Here the parties disputed which OKP tariff applied to the out-of-canton elective treatment; that is a KVG tariff question, unlike a case where only a non-OKP reimbursement amount is at issue.