A doctor based in Alzingen requested permission to set up an MRI scanner in his private practice back in December 2017. Then Minister of Health Lydia Mutsch rejected the request, which led the doctor to challenge the ministerial decision.
The constitutional court ruled that the ministry's decision is incompatible with article 11 of the constitution, which guarantees freedom of trade.
However, whilst the constitutional court has come to this conclusion, the ruling is only a provisional one as the administrative court is charged with the case. The administrative court had submitted a preliminary question to the constitutional court, and will then examine the findings of the constitutional court at a later date before coming to a definitive decision.
MRI ban in medical centres: Administrative court refers the case to constitutional court
