134.1 GOG

CH-OW

Art. 64 Judicial Organisation Act (GOG) - Administrative Court Appeal

Administrative Jurisdiction - Administrative Court

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

Art. 64 GOG · Administrative Court Appeal

1. The administrative court appeal to the cantonal administrative court is admissible against decisions of the last cantonal administrative authorities.

2. The administrative court appeal is inadmissible against

a. Decisions for which an appeal to the Federal Administrative Court or another legal remedy to a federal authority is provided;

b. Decisions which the legislation declares as final;

c. Decisions concerning the resolution of supervisory complaints;

d. Decisions with a predominantly political character, in particular

1. Decisions concerning the enactment and approval of plans not binding on landowners,

2. Decisions concerning requests for pardons,

3. Decisions concerning contributions to which there is no legal entitlement,

4. Decisions concerning the granting, refusal, or transfer of concessions to which there is no legal entitlement;

e. Enactments and approvals of enactments;

f. Acts of government within the meaning of Art. 88 para. 2 sentence 2 of the Federal Supreme Court Act.

3. Due to denial of justice, delay of justice, and against independently issued preliminary and interim decisions of last-instance administrative authorities, complaints can be filed with the administrative court pursuant to the Federal Supreme Court Act, even if its jurisdiction in the matter itself is not given.

← Art. 63 GOG Judicial Organisation Act (GOG) Art. 65 GOG →

Court Decisions Applying This Provision (54)

VVGE.1976.77.Nr.41 · ow (Art. 64 Bst. a GOG)

Neighbor's Standing Lacking in Building Permit Challenge

Used to determine the standing of the appellant to appeal to the administrative court.

VVGE.1976.77.Nr.59 · ow (Art. 64 Bst. a GOG)

Restaurant Approval Challenge Limited to Economic Impact, Not General Regulations

Cited to establish the standing of the appellants to appeal the administrative decision.

VVGE.1976.77.Nr.60 · ow (Art. 64 Bst. a GOG)

Restaurateurs Association v. Competition Assessment

This provision defines who is entitled to appeal to the administrative court, requiring the appellant to be affected by the contested decision and have a protectable interest in its annulment or amendment.

VVGE.1978.80.Nr.30 · ow (Art. 64 Bst. a GOG)

Property Owner's Appeal Dismissed After Property Sale

Used to declare the appeal inadmissible due to a lack of a protectable interest after the property was sold.

VVGE.1978.80.Nr.52 · ow (Art. 64 Bst. a GOG)

Building Permit for Pigsty Upheld: Agricultural Structure Status, Appeal Rights, and Odor Mitigation Confirmed

Cited as the basis for defining who is authorized to appeal to the administrative court.

VVGE.1981.82.Anhang · ow (Art. 64 Bst. a GOG)

Standing to Appeal Building Permits and Land-Use Decisions

This article is cited as the basis for provincial administrative appeals, and its wording is noted to be very similar to Article 103 lit. a OG.

VVGE.1981.82.Nr.36 · ow (Art. 64 GOG)

Municipality's Building Permit Autonomy Limited

This provision is mentioned as granting municipalities the right to appeal in matters of public interest, including those concerning their autonomy.

VVGE.1983.84.Nr.31 · ow (Art. 64 Bst. a GOG)

Standing to Appeal Administrative Decisions: Demonstrating Specific Harm

This provision defines who is entitled to lodge an appeal with the administrative court, requiring the appellant to be affected by the contested decision and have a protectable interest in its annulment.

VVGE.1985.86.Nr.41 · ow (Art. 64 Bst. b GOG)

Municipal Council Bound to Implement Citizen Initiative Content

This provision was used to address the admissibility of the appeal concerning municipal matters where public interests are at stake.

VVGE.1985.86.Nr.49 · ow (Art. 64 Bst. a GOG)

District Municipality Exclusion from Tax Allocation Proceedings

Used to determine that the Bezirksgemeinde Schwendi had a legitimate interest in the appeal because its financial assets were diminished by the contested decision.

VVGE.1985.86.Nr.55 · ow (Art. 64 Bst. c GOG)

Municipal Tax Objection Commission Standing and Extraordinary Income in Tax Assessments

Determines who is entitled to file an administrative court appeal in tax matters.

VVGE.1985.86.Nr.66 · ow (Art. 64 Bst. a GOG)

Apothecary v. Hospital Pharmacy Permit

This provision was referenced in the context of who is authorized to appeal to the Regierungsrat, stating that anyone affected by the decision and having a protectable interest in its annulment or amendment is entitled to appeal.

VVGE.1987.88.Nr.39 · ow (Art. 64 Bst. a GOG)

Former Building Manager's Appeal Inadmissible After Resignation

This provision is cited as the basis for the decision regarding the representation of the condominium owners' association in the appeal process.

VVGE.1987.88.Nr.55 · ow (Art. 64 Bst. a GOG)

Neighbor's Appeal of Construction Permit for Adjacent Workspace Denied

Cited as the legal basis for the right to appeal to the Administrative Court, requiring the appellant to be affected by the decision and have a legitimate interest in its annulment or modification.

VVGE.1987.88.Nr.60 · ow (Art. 64 Bst. a GOG)

Dentist's Permit Extension and Foreign Diplomas

This provision was used to assess the legitimacy of a professional colleague and a professional association to challenge the granting of a professional practice permit.