130.1 STVG

CH-OW

Art. 67 State Administration Act (StVG) - Appealability and Entitlement

Administrative Procedures and Administrative Appeals Procedures - Administrative Appeals Procedure

Open official source Full Act (67 Articles) Machine-readable Markdown (.md)

Art. 67 StVG · Appealability and Entitlement

1. Unless otherwise specified by legislation, appeals against orders of the departmental offices to the department, or against orders and decisions of the department or commissions to the government council, may be lodged within 20 days.

2. Denial of justice, delay of justice, and preliminary and interlocutory decisions are independently appealable pursuant to the provisions of the Court Organization Act. Otherwise, they are only appealable with the final decision.

3. Entitled to appeal are

a. any person affected by the contested order who has a legitimate interest in its annulment or modification;

b. any other person, organization, or authority authorized by legislation to do so.

← Art. 66 StVG State Administration Act (StVG) - Scope Art. 68 StVG - Suspensive Effect and Precautionary Measures →

Court Decisions Applying This Provision (14)

VVGE.1999.00.Nr.29 · ow (Art. 67 Abs. 3 StVG)

Property Owner Standing and Validity of Older Expert Reports for Speed Limits

This article is cited to establish the standing of the plaintiff as a property owner to challenge traffic restrictions, asserting they are more affected than the general public.

VVGE.1999.00.Nr.8 · ow (Art. 67 Abs. 1 StVG)

Teacher Salary Determination Appeal Upheld

Used to establish the jurisdiction of the Regierungsrat to hear the appeal against the decision of a department.

VVGE.2003.04.Nr.19 · ow (Art. 67 Abs. 3 StVG)

Mobile Antenna Zoning Conformity and Radiation Limits Appeal

Basis for determining the legitimacy of appeals against mobile communication systems.

OGVE.2016.17.56.htm · ow (Art. 67 Abs. 1 StVG)

Case of Un-Rejected French Complaint

Cited regarding the language in which complaints must be submitted.

OGVE.2016.17.17.htm · ow (Art. 128 Abs. 4 BiG i.V.m. Art. 67 Abs. 3 lit. a StVG)

Vocational trainee's appeal of grade for honorary mention dismissed for lack of standing

Cited as the basis for assessing whether factual interests can be asserted in addition to legal interests for the purpose of the admissibility of an appeal.

VVGE.1999.00.Anhang.I · ow (Art. 67 Abs. 1 StVG)

Cantonal Employment Law Dismissal Procedures and Compensation

Defines the appeal route for decisions concerning the termination of employment.

VVGE.1999.00.Anhang · ow (Art. 67 Abs. 1 StVG)

Public Employee Dismissals Under Cantonal Law

Cited as the basis for the legal remedies available against a dismissal.

VVGE.1999.00.Nr.4 · ow (Art. 67 Abs. 3 StVG)

Father Lacks Standing to Appeal Child Support Advancement

Cited as the legal basis for determining who is entitled to appeal a decision and establishing the requirement of being affected by the decision and having a legitimate interest in its annulment or modification.

VVGE.2005.06.Nr.10 · ow (Art. 67 Abs. 3 Bst. a StVG)

Father Lacks Standing to Appeal Daughter's Residence Permit Refusal

The father is not entitled to appeal the refusal to extend his adult daughter's residence permit.

VVGE.2005.06.Nr.12 · ow (Art. 67 Abs. 1 StVG)

Surname Change Denied Due to Lack of "Important Reasons"

This provision establishes the right to appeal departmental decisions to the Regierungsrat within 20 days, and the court's decision to proceed with the appeal is based on its applicability.

VVGE.2005.06.Nr.9 · ow (Art. 67 Abs. 2 StVG)

Court Vacates Building Permit Stay, Denies Recusal, Awards Compensation for Procedural Error

Basis for declaring the appeal against the interim decision on suspension admissible due to irreparable harm.

VVGE.2007.08.Nr.11 · ow (Art. 67 Abs. 3 Bst. a StVG)

Pedestrian Crossing Standing and Traffic Impact

This provision was used to determine the petitioner's standing to appeal.

VVGE.2011.13.Nr.39 · ow (Art. 67 Abs. 1 StVG)

Appeal Against Ordinance Dismissed

Cited to explain that appeals are generally only possible against decisions (Verfügungen), not abstract norms.

OGVE.2014.15.62.htm · ow (Art. 67 Abs. 3 Bst. a StVG)

Standing to Modify Spring Water Permit Requires New Application

This provision was used to determine that the appellant lacked a legally protected interest to appeal the decision regarding the water extraction limit.