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370.100 VRGLGA CH-GR

Art. 47 Act on Administrative Justice (VRG) - Preliminary Questions and Partial Judgment

Proceedings before the Higher Court - General Provisions - Court Hearing and Judgment Delivery
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Art. 47 VRG - Preliminary Questions and Partial Judgment · Preliminary Questions and Partial Judgment

1. The High Court is also competent to answer preliminary questions that are essential for the determination of the main issue.

2. It may suspend the proceedings until the preliminary question has been decided by the competent authority in the ordinary course.

3. If part of the subject matter of the dispute is ready for decision, the court may issue a partial judgment.

← Art. 46 VRG - Conduct of the Court Proceedings Act on Administrative Justice (VRG) - Cantonal Authorities Art. 48 VRG →

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Court Decisions Applying This Provision (6)

R 2023 21 · gr (Art. 47 Abs. 3 VRG)
Building Permit Suspension Appeal Dismissed for Untimely Filing
The court referenced this article when deciding to treat the admissibility question as a partial judgment.
S 2023 12 · gr (Art. 47 Abs. 3 VRG)
Pension Contribution Dispute: Contractual Breach vs. Jurisdictional Error
The court acknowledged its authority to issue a partial decision as a final judgment on the jurisdictional question based on this provision.
R 2020 83 · gr (Art. 47 Abs. 1 VRG)
Municipality Denies Building Permit for Access Road Renovation Subject to Existing Right-of-Way Servitude
Cited as the basis for the court to rule on the preliminary question concerning the rights and obligations under the servitude agreement.
R 2020 83 · gr (Art. 47 Abs. 2 VRG)
Municipality Denies Building Permit for Access Road Renovation Subject to Existing Right-of-Way Servitude
Although cited in the reasoning (E. 4), this provision regarding the suspension of proceedings is not explicitly cited in the dispositive orders.
U 2016 12 · gr (Art. 47 Abs. 1 VRG)
Public Corporation v. Municipality: Water Rights and Private Property Dispute
Cited by the court reasoning as the basis for the administrative court to preliminarily clarify private property rights when assessing the main issue.
R 2013 52 · gr (Art. 47 Abs. 3 VRG)
Consolidated Appeals Regarding Building Permit Exhaustion of Remedies
Cited in reasoning (E.6) when examining and subsequently rejecting the request for a partial judgment (Teilurteil).