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370.100 VRGLGA CH-GR

Art. 49 Act on Administrative Justice (VRG) - Admissibility

Procedure Before Higher Court - Administrative Appeal - Prerequisites
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Art. 49 VRG - Admissibility · Admissibility

1. The Superior Court adjudicates appeals against

a) Decisions made by municipalities, other bodies, and autonomous institutions under cantonal law, insofar as they cannot be contested before another authority or are final according to cantonal or federal law;

b) Decisions made by offices of the cantonal administration and non-autonomous institutions under cantonal law, insofar as cantonal law provides for direct appeal;

c) Decisions of cantonal departments, insofar as they are not final according to cantonal or federal law or cannot be contested before another authority;

d) Decisions of the government regarding public-law disputes, insofar as they are not final according to cantonal or federal law;

e) Decisions that cannot be reviewed by the government due to bias or other reasons contrary to the general provisions on jurisdiction;

f) * Decisions of recognized national churches and their parishes, insofar as they can be contested before the Federal Court, as well as administrative disputes assigned to the Superior Court by the national churches for adjudication;

fbis) * Supervisory decisions of the Judicial Court concerning members of the Judicial Court, and supervisory decisions of the Regional Courts;

fter) * Supervisory decisions of the Grand Council affecting members of the Grand Council, the government, the Judicial Court, the Regional Courts, and the cantonal Coercive Measures Court;

g) Decisions of other authorities, insofar as this is provided by law.

2. It adjudicates, as the cantonal insurance court, appeals against

a) Objection decisions and rulings in social insurance matters that are subject to appeal under federal law;

b) * Objection decisions and rulings in the area of health insurance and premium reductions, which are subject to appeal under cantonal law and do not concern the admission to activities at the expense of compulsory health insurance;

c) Objection decisions, rulings, and decisions in the area of family allowances, which are subject to appeal under cantonal law.

3. Decisions also include denial of justice and delay of justice, as well as real acts that interfere with the rights and obligations of individuals.

4. Procedural orders and provisional measures, as well as other interim decisions, are only contestable if they

a) Result in a disadvantage for the affected party that cannot presumably be remedied later, or

b) Are expressly issued as independently contestable, if this potentially simplifies the proceedings.

← Art. 48 VRG Act on Administrative Justice (VRG) - Cantonal Authorities Art. 50 VRG - Legitimacy →

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Court Decisions Applying This Provision (997)

VR1 2025 74 · gr (Art. 49 cpv. 1 lett. c LGA)
Appeal Dismissed for Untimely Filing of Residence Permit Revocation Challenge
Cited as the general jurisdiction basis for the Court of Appeal to judge appeals against cantonal department decisions, although the actual decision was based on inadmissibility.
VR1 2025 21 · gr (Art. 49 Abs. 1 lit. a VRG)
Property Owner v. Municipality Regarding Traffic Restriction on Access Road
This article provided the jurisdictional basis for the court to review the appeal against the municipal decision.
VR3 2024 81 · gr (Art. 49 Abs. 1 lit. a VRG)
Building Permit Conditions for Window Replacement on Historic Building
Cited in the reasoning to establish the jurisdiction of the court over the administrative appeal.
SV2 2024 38 · gr (art. 49 cpv. 2 lett. a della LGA)
Worker v. Disability Insurance: Foot Injury Impairment Rating Dispute
This provision, combined with Art. 57 LPGA, determines the material competence of the court for social insurance appeals.
VR3 2023 66 · gr (Art. 49 Abs. 4 lit. a VRG)
Appeal Against Intermediate Building Permit Ruling Inadmissible Due to Existing Litigation
The court did not enter into the appeal because the main ground required for admissibility (non-reparable disadvantage) was not met.
SV2 2025 39 · gr (Art. 49 cpv. 2 lett. a LGA (CSC 370.100))
Social Insurance Objection Timeliness Appeal Review Limitation
Cited in the reasoning as the basis for the Court of Appeal's jurisdiction to judge appeals against decisions on objections in social insurance matters.
VR2 2025 47 · gr (Art. 49 Abs. 1 lit. a VRG)
Municipal Fine Appeal Jurisdiction Challenge
Used to confirm the general jurisdiction of the High Court over administrative law decisions from municipalities.
VR3 2018 81 · gr (Art. 49 Abs. 1 lit. a VRG)
Cellular Antenna Permit Denial Over Aesthetic Concerns Overturned on Balancing Test
This provision was cited in the reasoning section concerning jurisdiction, but it is not explicitly mentioned in the final orders (dispositive) 1-5.
VR1 2025 41 · gr (Art. 49 Abs. 1 lit. c VRG)
Appeal Rejection Upheld Due to Procedural Defects and Untimely Submission
The court confirmed the appealability of the final decision by the cantonal department based on this provision.
VR1 2024 91 · gr (Art. 49 Abs. 1 lit. a VRG)
Challenge to Municipality's Refusal to Recuse President Not Appealable Administrative Decision
The court did not enter a judgment on the appeal because the contested act (the reply to the public participation) did not constitute a reviewable decision under this provision.
VR3 2023 113 · gr (Art. 49 Abs. 1 lit. a VRG)
Property Owner v. Municipality (Lakeside Path Renovation Permit)
Used to classify the decision being appealed as a decision from a municipality according to the relevant procedural law.
VR3 2023 42 · gr (Art. 49 Abs. 4 VRG)
Appealability of Interlocutory Order on Scope of Building Procedure
The court did not enter a judgment on the appeal because the requirements for appealability of an interlocutory decision (Zwischenentscheid) were not met.
VR3 2025 10 · gr (art. 49 cpv. 1 lett. a LGA)
Municipality's Refusal to Forward EFZ Application Over Neighbor's Objection Annulled
The provision confirms the appellate court's jurisdiction to hear the matter.
VR3 2024 89 · gr (Art. 49 Abs. 1 lit. a VRG)
Appeal Against Dismissal of Objection to Building Permit for Garden Shed
The court cites this to establish its jurisdiction (local and material) to hear the appeal against the municipal decision.
SR2 2025 13 · gr (Art. 49 ff. VRG)
Appellant v. Office for Penal Execution Delay Complaint Appeal
Cited in the reasoning regarding the legal remedy stated in the DJSG decision, but the court ruled that the JVG/StPO framework applies instead.