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130.1 STVG CH-OW

Art. 69 State Administration Act (StVG) - Authority for Review

Administrative Procedures and Administrative Appeals Procedures - Administrative Appeals Procedure
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Art. 69 StVG - Authority for Review · Authority for Review

1. The appellate authority has full power of review, but in cases of appeals against resolutions of municipal assemblies and municipal councils, only to the extent provided by law.

2. The appellate authority may exceed the claims of the appellant in favor of the appellant; however, the contested decision may not be altered to the detriment of the appellant due to inappropriateness, but only due to a legal violation.

← Art. 68 StVG - Suspensive Effect and Precautionary Measures State Administration Act (StVG) - Scope Art. 70 StVG →

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Court Decisions Applying This Provision (5)

VVGE.2003.04.Nr.31 · ow (Art. 69 Abs. 1 StVG)
Administrative Court Review of Severance Pay and Hardship Claims
Used to establish the scope of review for public law compensation claims.
VVGE.2009.10.Nr.17 · ow (Art. 89 Abs. 1 KV und Art. 69 Abs. 1 StVG)
Property Owner's Business Status vs. Water and Waste Disposal Fees
These articles are mentioned in relation to the Regierungsrat's limited scope of review when it comes to interpreting undefined terms of autonomous municipal law, such as the definition of 'Gewerbe'.
VVGE.2001.02.Nr.1 · ow (Art. 69 Abs. 1 StVG)
Public Authority Dismissal Lawful, Pension Contributions Not Deductible from Severance
Cited to define the scope of review for the cantonal government when examining decisions of the municipal council, limited to legality.
OGVE.2014.15.64.htm · ow (Art. 69 Abs. 1 StVG)
Classification of Farming Operation as Agricultural Enterprise
Cited to establish the unlimited cognisance of the appellate court in reviewing the decision.
OGVE.2014.15.64.htm · ow (Art. 69 Abs. 2 StVG)
Classification of Farming Operation as Agricultural Enterprise
Cited regarding the conditions under which an appellate court can alter a decision, particularly in favor of the appellant versus to the detriment of the appellant.