155.21 VRPGLPJALGA

CH-BE

Art. 61 Administrative Procedure Law (VRPG) - Interim Orders

Internal Administrative Complaint Procedure - Subject of the Complaint

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Art. 61 Administrative Procedure Law (VRPG) - Interim Orders · Interim Orders

1. Interim Orders are considered orders that neither completely nor partially terminate the proceedings, particularly concerning

a) jurisdiction,

b) disqualification and rejection,

c) the termination of the proceedings,

d) the duty to provide information, testify, or produce documents and the exclusion of a party from witness examination,

e) the refusal of access to records,

f) the non-acceptance of endangered evidence,

g) provisional measures and orders regarding suspensive effect.

2. Interim orders regarding jurisdiction, disqualification, and rejection are independently appealable. They can no longer be contested later.

3. Other interim orders are independently appealable if

a) they can cause irreparable harm, or

b) the acceptance of the appeal immediately results in a final decision, thereby saving significant time or costs for a comprehensive evidentiary procedure.

4. If the appeal under paragraph 3 is not admissible or was not used, the interim order can be contested by an appeal against the final decision insofar as it affects its content.

5. Appealable orders must include instructions on legal remedies.

← Art. 60 Law on Administrative Judicial Procedure (VRPG) - Principle **1. Fundamentals - Scope** Art. 62 Administrative Procedure Act (APA) →

Court Decisions Applying This Provision (153)

200 2024 714 · be (Art. 61 Abs. 3 lit. b VRPG)

Municipality v. Social Assistance Recipients Repayment Terms Appeal

Used to qualify the lower authority's decision as an appealable interim decision because allowing the appeal would immediately lead to a final decision, saving considerable effort.

200 2024 714 · be (Art. 74 Abs. 3 i.V.m. Art. 61 Abs. 3 VRPG)

Municipality v. Social Assistance Recipients Repayment Terms Appeal

Used to qualify the lower authority's decision as an interim decision.

100 2019 115 · be (Art. 61 Abs. 1 VRPG)

Bernese Real Estate Tax Exemption Dispute Regarding Main Residence Requirements and Deferral Periods

Cited in the reasoning (E. 5.1) to classify the deferral ruling as an interlocutory decision.

100 2019 115 · be (Art. 61 Abs. 4 VRPG)

Bernese Real Estate Tax Exemption Dispute Regarding Main Residence Requirements and Deferral Periods

Cited in the reasoning (E. 5.2, 5.3) to establish that the interlocutory decision on the deferral period was appealable alongside the final decision.

100 2015 223 · be (Art. 61 Abs. 1 VRPG)

Admissibility of Appeal Against Interlocutory Cost Decision in Land Acquisition Permit Case

Cited in the reasoning (E. 1.3) to define the nature of the decision as an interlocutory decision. Not in the dispositive.

100 2015 223 · be (Art. 61 Abs. 2 VRPG)

Admissibility of Appeal Against Interlocutory Cost Decision in Land Acquisition Permit Case

Cited in the reasoning (E. 2.1, E. 2.5) regarding exceptions to the appealability of interlocutory decisions. Not in the dispositive.

100 2015 223 · be (Art. 61 Abs. 3 Bst. a VRPG)

Admissibility of Appeal Against Interlocutory Cost Decision in Land Acquisition Permit Case

Cited in the reasoning (E. 2.6) regarding the conditions for appealing an interlocutory decision based on irremediable prejudice. Not in the dispositive.

100 2015 223 · be (Art. 61 Abs. 3 VRPG)

Admissibility of Appeal Against Interlocutory Cost Decision in Land Acquisition Permit Case

Cited in the reasoning (E. 2.1, E. 2.5) regarding the conditions for appealing interlocutory decisions. Not in the dispositive.

100 2015 223 · be (Art. 61 Abs. 4 VRPG)

Admissibility of Appeal Against Interlocutory Cost Decision in Land Acquisition Permit Case

Cited in reasoning (E. 2.3, E. 2.5) regarding the condition that an interlocutory decision affects the final ruling. Not in the dispositive.

100 2015 223 · be (Art. 74 Abs. 3 i.V.m. Art. 61 Abs. 4 VRPG)

Admissibility of Appeal Against Interlocutory Cost Decision in Land Acquisition Permit Case

Cited in reasoning (E. 2.3) regarding the effect of the final decision on the interlocutory cost ruling. Not in the dispositive.

100 2025 263 · be (Art. 74 Abs. 3 i.V.m. Art. 61 Abs. 3 Bst. a VRPG)

Appeal of Administrative Deadline Extension in Exam Review

This provision was discussed in the reasoning regarding the self-standing appealability of interlocutory decisions, though the court ultimately avoided a definitive ruling on its application to this case.

200 2024 419 · be (art. 61 let. fbis LPJA a contrario)

Worker's Appeal of Denied Impairment Indemnity Upheld Due to Insufficient Medical Evidence

Applied in order 2 to confirm that no procedural fees are to be collected because the procedure is free.

110 2025 24 · be (Art. 61 Abs. 1 Bst. a und Abs. 2 VRPG)

Building Permit Jurisdiction Dispute Over Hotel Terrace Modification

Cited in the reasoning to confirm the admissibility of the appeal against an interlocutory decision on jurisdiction.

100 2025 81 · be (Art. 74 Abs. 3 i.V.m. Art. 61 Abs. 1 Bst. b und Abs. 2 VRPG)

Municipality Appeal Regarding Official Disqualification for Building Permit Suggestion

Used to establish the court's jurisdiction as the final cantonal instance.

100 2024 322 · be (Art. 74 Abs. 3 i.V.m. Art. 61 VRPG)

Tax Appeals Commission Rulings on Intermediate Tax Assessment Clarification Not Immediately Appealable

This provision governs the conditions under which appeals against interlocutory decisions (which the court deemed the challenged decisions to be) are admissible.