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155.21 VRPGLPJALGA CH-BE

Art. 90 Administrative Procedure Act (APA) - Subsidiarity, Counterclaim

**Lawsuit Proceedings - Special Procedural Provisions**
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Art. 90 Administrative Procedure Act (APA) · Subsidiarity, Counterclaim

1. An administrative law action is inadmissible if the alleged claim can be asserted through the appeals process.

2. The admissibility of a counterclaim is determined by the provisions of the Swiss Code of Civil Procedure.

3. In proceedings before the Administrative Court acting as an arbitration court in social security disputes, a counterclaim is only admissible if it would also be subject to assessment as an independent claim by the arbitration court.

← Art. 89 Law on Administrative Judicial Procedure (LAJP) - Other Administrative-Independent Judicial Authorities **1. Fundamentals - Scope** Art. 91 Law on Administrative Procedure (VRPG) - Instruction →

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Court Decisions Applying This Provision (6)

100 2020 237 · be (Art. 90 Abs. 1 VRPG)
Canton of Bern v. Tax Debtor (Betterment Certificate Dispute)
Cited by way of reverse conclusion (Umkehrschluss) to support consideration of the dispute in the claim procedure, based on the nature of the underlying contract.
100 2020 424 · be (Art. 90 Abs. 1 VRPG)
Appeal Concerning Remuneration for External Audit Under Public-Law Contract
Cited in the reasoning regarding the admissibility check for the administrative law claim (Klage), though the appeal was ultimately heard.
200 2018 808 · be (Art. 46 Abs. 2 EG KUMV i.V.m. Art. 90 Abs. 3 VRPG)
Nurse v. Health Insurer: Reimbursement for Home Care Services Post-Remand
Cited in reasoning to establish admissibility of the counterclaim.
100 2015 43 · be (Art. 90 Abs. 1 VRPG)
Water Company Compensation Claim Dismissed Due to Lack of Binding Assurances and Causality
Cited to check the admissibility of the administrative law claim, confirming that it is not subject to appeal if it can be brought via appeal.
200 2014 935 · be (Art. 90 Abs. 2 VRPG)
Employee Salary Underreporting Litigation and BVG Contribution Adjustment
Cited to justify the admissibility of the set-off claim (Widerklage) in the reasoning, which is directly addressed in the final order (Dispositiv 2).
100 2013 333 · be (art. 90 al. 1 LPJA)
Assistant Nurse denied salary continuation and severance after voluntary early termination for new employment.
Cited in the reasoning concerning the inadmissibility of the administrative action when the claim should have been brought by way of recourse (primacy of the decision procedure).