§ 107 Act on Administrative Justice (VRG) - 2. Prerequisites for a Decision on the Merits, Non-Admittance

1. **The Authority Shall Ex Officio Verify Fulfillment of Pre-Conditions for a Merits Decision**

The authority shall verify ex officio whether the prerequisites for making a decision on the merits are fulfilled. It may initially limit the procedure and the decision to these questions.

2. **A Merits Decision Specifically Requires:**

a. Jurisdiction of the authority approached;

b. Legal capacity and procedural capacity of the parties;

c. Authorization of the party representatives;

d. Authorization to undertake legal action;

e. Compliance with the time limits and formal requirements for legal action;

f. That no other procedure is pending on the same matter;

g. That no binding decision on the same matter has been issued, the modification or revocation of which is not within the competence of the authority approached.

3. **Lack of Precondition for a Merits Decision**

If a prerequisite for a decision on the merits is lacking, the authority shall not proceed to address the merits of the matter for the relevant party.

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