155.21 VRPGLPJALGA

CH-BE

Art. 27 Act on Administrative Procedure (VRPG) - Requirements

Procedural Principles - Interim Measures

Open official source Full Act (140 Articles) Machine-readable Markdown (.md)

Art. 27 Act on Administrative Procedure (VRPG) - Requirements · Requirements

1. The instructing authority may, upon request or ex officio, order provisional measures in the following cases before issuing an order or decision

a. for the removal of illegal or dangerous facilities and conditions, the execution of urgent work, and the protection of significant public or private interests;

b. against the substantial alteration or disposal of the matter in dispute;

c. to protect legal claims due other than those aimed at monetary or security performance, if immediate fulfillment is not possible and

1. there is a fear of their frustration or a significant hindrance to their satisfaction or

2. a significant or not easily replaceable damage or disadvantage is imminent.

2. Provisional measures can be amended or revoked ex officio or upon request if the prerequisites for their issuance have fallen away in whole or in part.

← Art. 26 Law on Administrative Jurisdiction (VRPG) - Amendment of Legal Requests or Grounds for Action **1. Fundamentals - Scope** Art. 28 Act on Administrative Justice (VRPG) - Relation to the Merit of the Case →

Court Decisions Applying This Provision (17)

100 2025 263 · be (Art. 27 Abs. 1 VRPG)

Appeal of Administrative Deadline Extension in Exam Review

Used to confirm the single judge's jurisdiction in this matter.

2025 GSI 468 · be (Art. 27 Abs. 1 Bst. a VRPG)

Apothecary License Withdrawal Appeal Regarding Illicit Codeine Trade

This provision was used to justify the issuance of the precautionary measure (suspension of the professional license) based on the protection of significant public interests (public health).

100 2024 391 · be (Art. 27 VRPG)

Appeal on Denial of Suspensive Effect for Animal Confiscation

Cited to explain why the request for precautionary measures exceeding the scope of the current appeal is directed to the WEU for further processing.

2024 GSI 3072 · be (Art. 27, al. 1, lit. a LPJA)

Daycare Provider v. Administrative Suspension for Alleged Child Endangerment

The court upheld the provisional measure ordered by the previous instance, which falls under this article concerning provisional measures to protect important public interests.

100 2024 384 · be (Art. 27 Abs. 2 VRPG)

Physician License Withdrawal Suspension Lifted Due to Undue Delay

Cited as the basis allowing the lower court to reconsider the provisional granting of the suspensive effect if circumstances change.

200 2024 238 · be (Art. 27 Abs. 1 lit. a VRPG)

Applicant Seeking Provisional Social Assistance Funding for University Studies, Challenging Denial of Measures and Governor Recusal

Cited when discussing the authority to order provisional measures.

100 2022 344 · be (Art. 27 Abs. 2 VRPG)

Angolan Nationals Residence Permit Revocation and Residency Pending Child Welfare Review

Provisional measures are only subject to limited legal stability, indicating an application in the context of the appeal decision.

120 2022 32 · be (Art. 27 VRPG)

Dog Kennel Operation Restriction Pending Permit Review

Cited in reasoning regarding the rule that the immediate enforceability of a decision can only be suspended by the appellate authority via a precautionary measure.

120 2022 1 · be (Art. 27 VRPG)

Municipal Order Imposing Usage Ban on Basement Garage Due to Unmet Fire Safety Requirements Upheld

The court ruled that the requirements for granting suspensive effect (which would involve lifting a precautionary measure under this article) were not met due to existing safety deficits.

120 2021 34 · be (Art. 27 VRPG)

Canton of Bern Garden Redesign Appeal: Landscape Preservation vs. Property Owner

Mentioned in the context of assessing the request for a provisional measure (stay of construction).

120 2020 10 · be (Art. 27 Abs. 1 VRPG)

Appeal Against Dismissal of Building Police Complaint Regarding 5G Facility Upgrade

The request for an immediate prohibition of use during the appeal procedure is deemed moot based on this provision concerning provisional measures.

120 2019 43 · be (Art. 27 Abs. 1 Bst. a VRPG)

Provisional Driveway Prohibition Upheld Due to Traffic Safety Concerns

The court confirmed the precautionary measure (provisional prohibition of use) ordered by the authority based on this provision to protect significant public interests (traffic safety).

100 2015 353 · be (Art. 27 Abs. 1 Bst. a VRPG)

Appeal Against Provisional Building Measures for Unapproved Parking Rejected

Cited as a legal basis for ordering interim measures, although the decision ultimately rejects the need for them.

100 2015 353 · be (Art. 27 Abs. 1 Bst. c VRPG)

Appeal Against Provisional Building Measures for Unapproved Parking Rejected

Cited as a legal basis for ordering interim measures to protect pending legal claims.

100 2015 353 · be (Art. 27 ff. VRPG)

Appeal Against Provisional Building Measures for Unapproved Parking Rejected

Cited as the general legal basis for the precautionary measure concerning the sealing off of the area in case 100.2016.42.