370.100
VRGLGA
CH-GR
Art. 37 Act on Administrative Justice (VRG) - Appeals Decision
Procedures before Cantonal Administrative Authorities - Administrative Appeal - Proceedings
Art. 37 VRG · Appeals Decision
1. If the appellate instance agrees to hear the case, it either decides on the matter itself or returns it to the lower instance with binding instructions for a new decision.
2. The appellate instance may amend the contested decision in favor or against the appellant party. If it intends to do the latter, it must give the parties an opportunity to comment and to withdraw the appeal beforehand.
Court Decisions Applying This Provision (5)
R 2017 80 · gr (Art. 37 VRG)
Corporate Officers Fined for Unauthorized Stream Reinforcement
Cited in the reasoning section to invoke the official maxim principle in administrative proceedings, relevant to the authority's duty to investigate facts.
R 2012 88 · gr (Art. 37 Abs. 1 VRG)
Appeal Against Denial of Residence Exchange and Subsequent Attic Room Assignment
The appellant argued that the previous administrative court order contained a binding instruction under Art. 37 Abs. 1 VRG, which was relevant to the context of the appeal regarding Dispositiv-Ziff. 3.
U 2011 76 · gr (Art. 37 Abs. 2 VRG)
Physician Practice Restriction Due to Alcohol Dependency and Repeated Relapse
Cited in the reasoning regarding the right to be heard before a *reformatio in peius* (though not directly in the final orders, it informed the procedural discussion leading to the final decision structure).
U 2011 76 · gr (Art. 37 Abs. 2 VRG)
Physician License Restriction Due to Uncontrolled Alcohol Abuse
Referenced by the court to explain why the appellant was granted the opportunity to comment on the potential for a full withdrawal of her license (reformatio in peius).
R 2008 43 · gr (Art. 37 Abs. 1 lit. a VRG)
Complainants' Delayed Challenge to Building Permit Expansion Dismissed
Cited in the reasoning regarding the suspension of appeal deadlines due to judicial recess.