Ordinance on Administrative Court Proceedings (VGV) - A. Filing a Lawsuit (VGV)

1. The administrative court action is admissible in the cases specified in the Law on Judicial Organization.

2. If the claim is directed against a public entity, the action can only be instituted after the highest competent administrative authority in the matter has rejected the claim.

1. The statement of claim must be submitted to the administrative court in duplicate; it must contain a clearly defined request and a justification.

2. If the statement of claim does not meet these requirements, the president shall set a deadline of 10 days for the plaintiff to rectify the deficiency, with the warning that otherwise the claim will not be admitted.

3. The evidence upon which the plaintiff relies must be specified and submitted with the statement of claim if possible.

4. A conciliation hearing does not take place.

1. The Defendant shall be given the opportunity to respond to the complaint in writing.

2. The legal response must be submitted within a period of 30 days in duplicate.

3. The evidence must be identified and submitted as far as possible.

1. The President may order an additional exchange of written submissions ex officio or grant it upon request of a party.

1. As a rule, a party hearing takes place.

2. The president may dispense with summoning the parties if the parties agree and an extensive exchange of written submissions has occurred.

1. The Administrative Court decides within the scope of the parties' requests. It assesses the factual and legal circumstances at its judicial discretion.

1. Articles 2, 3, and 4 of this regulation shall apply mutatis mutandis to insurance claims.

1. The Administrative Court is not bound by the requests of the parties. It may rule against the plaintiff or grant them more than they have requested. However, the parties must be given the opportunity to comment beforehand.

1. An appeal to the administrative court is permissible in accordance with the provisions of the Court Organization Act.

1. The procedure in social insurance law disputes is governed, subject to Article 61 of the Federal Act on the General Part of Social Insurance Law, by the provisions on administrative court appeals in this ordinance.

1. The administrative court appeal must be submitted in writing and with reasons to the administrative court within 30 days from the notification of the decision.

1. The appeal must specify which order or decision it is directed against and must contain a clear legal request. It should be briefly justified.

2. The evidence must be identified and submitted with the appeal insofar as possible.

3. The president may require the appellant to supplement or amend the appeal. If the deficiency is not remedied within the set deadline, the appeal will be considered as not submitted.

1. In the case of collective complaints and identical individual complaints, a representative must be specified. If this is not done within a reasonable period, the President shall appoint one or more representatives from among the complainants.

1. The complaint is delivered to the respondent authority and other parties involved for their observations.

2. Reply and rejoinder are only permissible if ordered by the president or permitted to the parties upon request.

3. The respondent authority must submit all records related to the case to the court along with the observations.

4. If necessary, the president may request additional documents or directly involve third parties.

1. The court may conduct an inspection or an oral hearing ex officio or upon request by the parties.

2. The court may exclude the public in the interest of morality, public order, or national security, or when the interests of minors or the protection of the private life of the parties require it, or if a public hearing would prejudice the interests of justice.

1. The appeal only has suspensive effect if the President of the Administrative Court decides so upon the application of a party.

2. The appeal pursuant to Art. 12 of the Agreement on a Traffic Safety Center of the Cantons of Obwalden and Nidwalden dated January 29, 2002, has suspensive effect; the President of the Administrative Court may revoke the suspensive effect.

3. The decision of the President can be appealed in writing to the full court within 5 days.

1. The administrative court examines the facts freely.

1. The administrative court may not go beyond the requests of the parties, either in favor or against them. It is not bound by the justification of the requests.

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2. If the administrative court annuls the contested decision, it shall decide on the matter itself or refer it back to the lower instance for re-evaluation; if the lower instance acted as an appellate body, the court may refer the case back to the authority that decided in the first instance.

3. Decisions are communicated to the parties and the federal authorities, where they are entitled to appeal or where federal law provides, accompanied by a justification and information on legal remedies.

4. Decisions may be communicated without a justification. In this case, Article 112 para. 2 of the Federal Supreme Court Act shall apply.

1. In the absence of specific provisions, the Code of Civil Procedure shall apply mutatis mutandis, particularly concerning

a. Recusal;

b. Publicity of court hearings and pronouncement of judgments;

c. Procedural discipline;

d. Legal aid;

e. Advance payment obligation;

f. Deadlines;

g. Law of evidence;

h. Clarification;

i. Appeal.

1. The provisions of the Code of Civil Procedure apply mutatis mutandis to administrative court actions.

2. Articles 17 paragraph 3 and 20 paragraph 2 of this ordinance apply mutatis mutandis in insurance litigation proceedings.

**1. In the appeal procedure before an administrative court, the costs, consisting of a fee and disbursements, are typically to be imposed on the unsuccessful party. In the event of a partial approval of the appeal, the costs are to be imposed proportionally on the appellant.**

**2. No costs are to be levied from the responding public entity.**

**3. In disputes regarding social security law, the procedure is free of charge. In cases of frivolous or vexatious litigation, the court may impose a ruling fee and procedural costs on a party.**

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1. Costs Incurred by a Party Due to Frivolous or Other Improper Behavior or Violation of Essential Procedural Rules Shall Be Borne by That Party.

1. The costs for expert reports may be imposed on the parties involved.

2. A deposit may be required for costly expert reports.

3. If the deposit is not provided, expert reports shall only be conducted insofar as public interest requires.

1. In the proceedings before the Administrative Court, the prevailing appellant may be awarded reasonable compensation for the costs of representation, assistance, or legal counsel by attorneys and other experts, particularly if the contested decision was manifestly unfounded.

2. The prevailing appellant is entitled to reimbursement of party costs from the insurance company. These costs are determined by the court based on the facts to be assessed and the complexity of the process, regardless of the amount in dispute.

1. The fees shall be determined in accordance with the cantonal council's fee regulation.

1. The ordinance is subject to an optional referendum.

2. The government council determines the date of entry into force.

1. The property-related claim before the administrative court can be filed in the cases specified in the Court Organization Act even if the underlying facts occurred before this regulation came into effect.

2. The provisions of this regulation apply to all proceedings that are pending at the time of its respective entry into force.

3. Procedural actions that have been performed under previous law retain their effect.