134.1 GOG

CH-OW

Art. 62 Judicial Organisation Act (GOG) - Jurisdiction a. Administrative Court Action

Administrative Jurisdiction - Administrative Court

Open official source Full Act (96 Articles) Machine-readable Markdown (.md)

Art. 62 GOG · Jurisdiction a. Administrative Court Action

1. The Administrative Court adjudicates as the sole instance, unless another instance must be invoked first according to legislation, public law disputes

a. arising from public law contracts;

b. between municipalities or between a canton and municipalities;

c. from concessions between a public law corporation and the concessionaire or between concessionaires themselves;

d. regarding claims for public law compensation against the canton and municipalities;

e. for which other statutes provide for an administrative court action.

2. Municipalities are equated with public law institutions with their own legal personality, municipal associations, embankment associations, land improvement associations, as well as corporations.

← Art. 61 GOG - Jurisdiction Judicial Organisation Act (GOG) Art. 63 GOG →

Court Decisions Applying This Provision (30)

VVGE.1976.77.Nr.53 · ow (Art. 62 Abs. 4 GOG)

Landowner's Bad Faith Challenge to Municipal Land Reallocation

Cited regarding the possibility to request the administrative court to handle compensation matters.

VVGE.1978.80.Nr.27 · ow (Art. 62 Abs. 1 GOG)

Public Law Claims for Undue Payments: Five-Year Statute of Limitations Applies

Cited as the basis for the Administrative Court's jurisdiction to hear property disputes of a public law nature between the canton and private individuals.

VVGE.1978.80.Nr.38 · ow (Art. 62 Abs. 1 Bst. d GOG)

Claim against Canton, not Municipality, for Notary's Negligence

Specifies the jurisdiction of the administrative court in public law disputes between private individuals and cantons or municipalities.

VVGE.1978.80.Nr.51 · ow (Art. 62 Abs. 1 Bst. d GOG)

Land Use Agreement Payment Not Refundable

Used to establish the jurisdiction of the Administrative Court for monetary disputes of a public law nature between private individuals and municipalities.

VVGE.1981.82.Nr.75 · ow (Art. 62 Abs. 1 GOG)

Cantonal/Communal Law Governs Social Welfare Benefits

The court cites this provision to establish its jurisdiction to hear public-law disputes of a financial nature between private individuals and municipalities.

VVGE.1985.86.Nr.36 · ow (Art. 24 Abs. 2 Sozialhilfegesetz und; Art. 62 Abs. 1 Bst. c GOG)

Community Obligation to Investigate Aid Recipients and Follow Welfare Recommendations

These provisions confirm that a claim for material assistance can be pursued through a complaint.

VVGE.1985.86.Nr.56 · ow (Art. 62 Abs. 1 GOG)

Electricity Connection Fee Disputes Subject to Public Law Decree, Not Lawsuit

Used to determine that disputes not explicitly assigned to the claim procedure must be handled by a decree.

VVGE.1989.90.Nr.33 · ow (Art. 62 Abs. 1 Bst. b GOG)

Municipality's Claim for Recognition Procedure Dismissed Due to Lack of Standing and Hearing Rights

The court rejected the claim because the matter should have been handled through an appeal, not a claim, as it involved a decision by the executive council, and furthermore, the municipality had no actionable claim for being heard.

VVGE.1991.92.Nr.35 · ow (Art. 62 Abs. 1 Bst. c GOG)

Civil Servant's Dismissal and Salary Repayment: Jurisdiction, Retroactivity, and Damages

The court used this provision to determine the jurisdiction for public law disputes concerning financial claims arising from public law employment relationships.

VVGE.1991.92.Nr.37 · ow (Art. 62 Abs. 1 Bst. c GOG)

Teacher's Seniority Pay Dispute: Reconsideration vs. Appeal

Cited to distinguish the general rule for appealing administrative decisions from the specific rule for public law disputes concerning financial claims from public law employment relationships, which are to be judged by means of an action.

VVGE.1991.92.Nr.38 · ow (Art. 62 Abs. 1 Bst. a GOG)

Property Owner v. Municipality: Contractual Interpretation of Public Law Agreement

This provision establishes the administrative court's jurisdiction as the sole instance for adjudicating disputes arising from public law contracts.

VVGE.1991.92.Nr.5 · ow (Art. 62 Abs. 1 GOG)

Municipality's Right to Collect Substitute Performance Debts

Cited as the legal basis for determining whether the claim could be enforced through an order (Verfügung) or if a lawsuit (Klage) was necessary.

VVGE.1997.98.Nr.34 · ow (Art. 62 Abs. 1 Bst. d GOG)

Land Register Management: Civil Dispute, Not Public Law Claim

This provision defines the jurisdiction of the administrative court for public law compensation claims, which the court determined was not applicable to the case.

VVGE.2005.06.Nr.15 · ow (Art. 62 Abs. 1 GOG)

Municipality Not Liable for Excess Water Consumption Costs

Cited to establish the Regierungsrat's jurisdiction to examine the liability question.

VVGE.2005.06.Nr.4 · ow (Art. 62 Abs. 1 Bst. a GOG)

Corporation's Water Extraction Compensation Appeal Dismissed

Cited as the basis for administrative court action in cases of public law contracts.