370.100 VRGLGA

CH-GR

Art. 85 Act on Administrative Justice (VRG) - Transitional Law

Final Provisions

Open official source Full Act (98 Articles) Machine-readable Markdown (.md)

Art. 85 VRG · Transitional Law

1. Pending procedures at the time this law comes into effect shall be concluded before the respective instance in accordance with the previous law.

2. The appealability and the appeal proceedings are subject to the new law if the appeal period has not yet expired at the time this law comes into effect.

3. The deadline for challenging legislative decrees begins upon the coming into effect of this law.

4. The limitation period for legal aid granted prior to the coming into effect of the partial revision of the Lawyers Act of October 21, 2008, begins to run upon the coming into effect of this law.

5. Proceedings pending before the Administrative Court at the time of the amendment of this law coming into effect will be transferred, upon its coming into effect, to the court competent according to the new law.

6. The provisions of Article 38a concerning electronic legal communication in proceedings before the Higher Court remain in force until the Federal Act on Platforms for Electronic Communication in the Judiciary (BEKJ) comes into effect and the platform Justitia.Swiss, based on it, is released for cantonal administrative procedures or administrative court proceedings. The government is authorized to determine the occurrence of the conditions. If this decision becomes legally binding, Article 38a and Article 85 paragraph 6 will automatically cease to be in force.

← Art. 84 VRG Act on Administrative Justice (VRG) - Cantonal Authorities Art. 86 VRG - Referendum and Entry into Force →

Court Decisions Applying This Provision (27)

VR2 2025 7 · gr (art. 43 cpv. 3 i.c.d. con l'art. 85 cpv. 2 LGA [CSC 370.100])

Taxpayer v. Tax Administration Regarding Refusal to Rectify Final Assessments Based on Newly Discovered Evidence

Cited for the decision to judge the appeal as a single judge because the appeal was manifestly ill-founded.

SV2 2024 75 · gr (Art. 85 Abs. 1 VRG)

Childcare Worker Unemployment Benefit Suspension Appeal

Cited in the reasoning regarding the transitional provisions for ongoing proceedings after a new law came into force.

S 2007 25 · gr (Art. 85 Abs. 2 VRG)

Divorced Spouse's Supplementary Disability Insurance Benefits and Reliance on Incorrect Official Information

Cited regarding transitional provisions for the appealability and appeal procedure under the new Law on Administrative Procedure (VRG).

R 2007 87 · gr (Art. 60 i.V.m. Art. 85 Abs. 3 VRG)

Farmer v. Municipality: Grazing Rights Allocation and Exclusion of Sheep from Alpine Pastures

The court did not enter a judgment on the first part of the appeal requests because they were filed too late.

V 2005 4 · gr (Art. 85 Abs. 2 VRG)

Grazing Cooperative Merger and Pasture Allocation Challenge

Cited to establish that transitional provisions apply for appeals filed before the new administrative procedure law came into force (VRG).

S 2006 148 · gr (Art. 85 Abs. 1 VRG)

Occupational Pension Benefits and Temporal Link to Recognized Disability

Cited in the reasoning to establish that the application of previous law applies because the procedure was initiated in 2006.

R 2006 103 · gr (Art. 85 Abs.2 VRG)

Applicants v. Municipality Regarding Refused Building Applications

This transitional provision determined that the former administrative court law (VGG) was applicable because the appeal deadline had already passed when the new law (VRG) entered into force.

R 2007 4 · gr (Art. 85 Abs. 2 VRG)

Permit Violations and Municipal Discretion in Construction Dispute

Cited in the reasoning section to establish that the new law (VRG) applies because the appeal period had not expired when it entered into force, but this article is *not* explicitly cited in the final orders (dispositive).

U 2006 139 · gr (Art. 85 Abs.2 VRG)

Permit Holder Fined for Public Order Violation Due to Absent External Security

Cited to establish that the new procedural law (VRG) applies to the appeal.

S 2006 172 · gr (Art. 85 Abs. 2 VRG)

Disability Pension Appeal Remanded Due to Conflicting Medical Assessments

Cited regarding the transitional provision governing which procedural law applies to the appeal.

A 2007 2 · gr (Art. 85 cpv. 2 LGA)

Property Owners and Developer vs. Municipality Regarding FAR Recalculation Costs

Determined that the appeal procedure is governed by the new law (LGA) because the appeal deadline expired after its entry into force.

R 2006 4 · gr (Art. 85 Abs. 2 VRG)

Administrative Appeal Against Construction Permit Approval Due to Unresolved Property Rights

The court mentions this provision to establish that the previous law (VGG) is applicable because the appeal period ended before the new law (VRG) came into force.

A 2006 51 · gr (Art. 85 Abs.2 VRG)

Spousal Property Transfer Gains Tax Calculation and Procedural Error Reassessment

Mentioned in the reasoning (Erwägung 1) regarding the application of procedural law, though not explicitly in the dispositive orders.

S 2007 4 · gr (Art. 85 Abs. 2 VRG)

Claimant's Request for Increased Disability Pension Denied Based on Stable Medical Assessment

Cited in the considerations to establish that the new law on administrative court procedure is applicable because the appeal deadline had not expired when the new law came into force.

S 2007 29 · gr (Art. 85 Abs. 2 VRG)

Saleswoman v. Disability Assessment Reduction

Cited in the reasoning regarding the application of new procedural law (VRG).