161.1 GSOGLOJM

CH-BE

Art. 57 Law on the Organization of Judicial Authorities and the Public Prosecutor's Office (LOJAPP) - Jurisdiction of Single Judges

**Supreme Courts - Administrative Court**

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Art. 57 Law on the Organization of Judicial Authorities and the Public Prosecutor's Office (LOJAPP) · Jurisdiction of Single Judges

1. The members of the Administrative Court shall adjudicate as single judges on appeals and claims where the disputed amount does not exceed 20,000 Swiss Francs, or which are withdrawn, rendered moot, or evidently cannot be processed; the calculation of the disputed amount is governed by the provisions of the Swiss Code of Civil Procedure of December 19, 2008 (ZPO).

2. They rule on appeals

a) concerning the waiver or deferral of owed charges, as well as the granting of tax relief and reductions and provisions for security,

b) against interim orders and interim decisions, including those concerning legal aid,

c) against non-admission orders or decisions,

d) against dismissal orders or decisions,

e) pursuant to Article 31 paragraph 2 of the Introductory Act of December 9, 2019, to the Foreign Nationals and Integration Act, as well as the Asylum Act (EG AIG and AsylG).

3. They approve settlements where necessary.

4. They further handle all matters in which the parties jointly apply for approval, as well as those matters that legislation assigns to individual judge jurisdiction.

5. Where legislation provides for the individual judicial jurisdiction of the President of the Administrative Court, this jurisdiction is transferred to the President of the respective division. An individual judicial jurisdiction of a division president provided in legislation may be delegated to a member of the division.

6. The single judge may request a panel according to Article 56 if the legal or factual circumstances warrant it.

7. In disputes before the Arbitration Court in social insurance disputes, the neutral chairperson approves settlements and handles petitions and claims which have been withdrawn, rendered moot, or evidently cannot be processed. They also handle matters where the parties jointly apply for approval.

← Art. 56 Law on the Organization of Judicial Authorities and the Public Prosecutor’s Office (GSOG) - Judicial Body Subject Matter Art. 58 Law on the Organization of Judicial Authorities and the Public Prosecutor's Office (GSOG) - Voting →

Court Decisions Applying This Provision (599)

200 2024 673 · be (Art. 57 Abs. 1 GSOG)

Beneficiary v. Swiss Invalidity Insurance (IV) - Voice Coaching Coverage Denial

Cited to establish jurisdiction for the single judge as the matter's value is low.

100 2022 35 · be (Art. 57 Abs. 1 GSOG)

Property Owners v. Municipality Regarding Water and Sewage Flat-Rate Fees and Procedural Defects

Cited in the reasoning (E. 1.2) regarding the competence of the single judge, though the full panel decided (Art. 57 Abs. 6 i.V.m. Art. 56 Abs. 1 GSOG).

100 2022 35 · be (Art. 57 Abs. 6 i.V.m. Art. 56 Abs. 1 GSOG)

Property Owners v. Municipality Regarding Water and Sewage Flat-Rate Fees and Procedural Defects

Cited in the reasoning (E. 1.2) justifying the decision for the three-person panel to hear the case.

200 2021 472 · be (Art. 57 Abs. 1 des kantonalen Gesetzes über die Organisation der Gerichtsbehörden und der Staatsanwaltschaft vom 11. Juni 2009 (GSOG; BSG 161.1))

Insured Person v. Social Insurance Authority (Appeal Inadmissibility Due to Procedural Flaws and Deemed Service)

This provision establishes the single-judge jurisdiction for rendering the decision.

200 2021 166 · be (Art. 57 Abs. 1 GSOG)

Employer Challenging Revocation of Short-Time Work Compensation for Private Household Employee

Although cited in the reasoning (E. 1.3) to establish single-judge jurisdiction, it does not appear in the final numbered orders (1, 2, 3).

100 2019 115 · be (Art. 57 Abs. 1 GSOG)

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

Cited in the reasoning (E. 1.4) to establish the ordinary single-judge jurisdiction if the appeal value was below CHF 20'000.--.

100 2019 115 · be (Art. 57 Abs. 6 i.V.m. Art. 56 Abs. 1 GSOG)

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

Cited in the reasoning (E. 1.4) for deciding the case with a panel of three judges based on the specific legal circumstances.

200 2019 21 · be (Art. 57 Abs. 1 GSOG)

Pension Calculation Dispute Involving Child-Rearing Credits Without Legal Paternity

Cited to confirm that the matter falls under the jurisdiction of the single judge due to the low dispute value.

100 2017 99 · be (Art. 57 Abs. 1 GSOG)

Deceased Applicant's Residence Permit Appeal Declared Moot

Cited alongside Art. 39 Abs. 1 VRPG to establish the competence of the instructing authority (single judge) to issue the discontinuation order.

200 2018 9 · be (Art. 57 Abs. 1 GSOG)

Insured vs. Health Insurer: Coverage for Hospitalized Varicose Vein Surgery vs. Economical Outpatient Alternative

Cited to establish that the matter falls under the jurisdiction of a single judge because the dispute value is below CHF 20,000.

200 2018 440 · be (Art. 57 Abs. 1 GSOG)

Insured Party v. Insurer: Timeliness of Appeal Against Discontinuance of Accident Insurance Benefits

Cited in the reasoning to confirm that the single judge is competent for the decision of non-entry into the merits due to late filing.

200 2018 54 · be (Art. 57 Abs. 1 GSOG)

Insurer Benefits Denial Appeal Untimely Due to Missed Statutory Deadline

Cited in the reasoning to establish that the decision was made by a single judge.

200 2017 982 · be (Art. 57 Abs. 1 des kantonalen Gesetzes vom 11. Juni 2009 über die Organisation der Gerichtsbehörden und der Staatsanwaltschaft (GSOG; BSG 161.1))

Pension Foundation Claimant Challenges Retrospective Pension Rate Reduction

Cited to establish that the decision falls under the jurisdiction of the single judge.

100 2015 223 · be (Art. 57 Abs. 2 Bst. b GSOG)

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

Cited in the reasoning (E. 2.9) regarding composition of the court for interlocutory decisions. Not in the dispositive.

100 2015 223 · be (Art. 57 Abs. 6 i.V.m. Art. 56 Abs. 2 Bst. a GSOG)

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

Cited in the reasoning (E. 2.9) justifying the five-judge panel consideration. Not in the dispositive.