03/02/2020 ARZTEKAMMER FUR WIEN AND DORNER v. AUSTRIA - 8895/10 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) [201… 20. Using the authority granted by these provisions of the Federal Constitution Act, the Medical Practitioners Act (Ärztegesetz), establishes the Chamber of Medical Doctors (“the Chamber”) to represent the interests of medical practitioners in Austria (Standesvertretung). There is a regional chamber in each of the nine Austrian regions and a Federal Chamber, of which the regional chambers are members. The chambers are public-law bodies with compulsory membership. The members are all practising doctors who are registered on the list of active medical practitioners in the geographical area of the regional chambers. 21. The chambers are established to represent and promote the professional, social and economic interests of doctors; uphold the reputation of the medical profession; and ensure that professional duties are observed by practitioners. 22. Furthermore, inter alia, they manage the examinations which medical graduates have to pass in order to become practising doctors (sections 7 et seq. of the Medical Practitioners Act); confer institution status on medical education establishments (sections 9 et seq.); and deal with the recognition of foreign qualifications and access to work for both self-employed and employed doctors (sections 27 et seq.). These duties and responsibilities are divided between the regional chambers and the Federal Chamber, and are regulated by sections 65 et seq. (in relation to the regional chambers) and sections 117 et seq. of the Medical Practitioners Act (in relation to the Federal Chamber). 23. Section 66 (sections 66 to 66c after 1 January 2010) of the Medical Practitioners Act provides that, within their own sphere (eigener Wirkungsbereich), the regional chambers are called upon to, inter alia, form and terminate contracts which define the relationship between medical practitioners and social security institutions; secure collective agreements on the part of employers in relation to nonmedical employees; control fees; give legal advice; make reports, expert opinions and recommendations to state authorities concerning the health system, establish regional collegiate arbitration boards and conduct collegiate arbitration proceedings; establish patient arbitration boards; establish and manage pension and disability funds for their members; establish and manage commercial institutions; report on public health issues; collaborate in the collection of official medical statistical data; collaborate in the establishment of medical universities and other training institutes; examine draft laws; provide quality control for medical training; provide advanced training and training facilities; and provide quality control for services rendered by the medical profession in general. 24. The Federal Medical Chamber (Österreichische Ärztekammer), inter alia, manages the register of practising doctors; deals with the accreditation process for equivalent medical qualifications; issues diplomas for general practitioners, medical specialists or specialists in other fields; collaborates in the academic and advanced education and training of medical practitioners; and conducts disciplinary proceedings. Section 27 of the Medical Practitioners Act provides that the regional chambers cooperate with the Federal Chamber in managing the register of doctors. Appearing on this register is a precondition to working legally as a medical doctor in Austria. 25. The regional chambers adopt their own organisational statutes; statutes relating to pension and disability funds; rules on contributions to the chambers themselves and to pension and disability funds; recommendations regarding fee structures for private medical services; and rules on the reimbursement of costs and other fees. 26. The members are obliged to pay regular contributions (Umlage) to their chambers and to the relevant pension and disability funds (section 69 of the Medical Practitioners Act). These contributions are defined by decree of the regional chambers on the basis of section 91. Payment of arrears of such contributions can be enforced by the chambers on the basis of the federal law for enforcement of administrative orders (Verwaltungsvollstreckungsgesetz). 27. Until 2010, remedies against decisions of the chambers could, depending on the issue, be raised before the Regional Governor (Landeshauptmann - sections 14, 15, 28, 59 and 197), the Independent Administrative Panel (Unabhängiger Verwaltungssenat - sections 35a and 39) or, in respect of decisions relating to pension and disability funds and disciplinary proceedings, with the Federal Chamber. Between 1 January 2010 and 31 December 2013 the rule providing for appeals to the Regional Governor was abolished. In proceedings concerning the recognition of foreign qualifications (sections 32, 33 and 35), there was the possibility of an appeal to the Independent Administrative www.bailii.org/eu/cases/ECHR/2016/179.html 6/13