173.36 LPA-VDLJPA

CH-VD

Art. 90 Administrative Procedure Act (LPA-VD) - Decision on Appeal [6]

Chapter IV

Open official source Full Act (122 Articles) Machine-readable Markdown (.md)

Art. 90 LPA-VD - Decision on Appeal [6] · Decision on Appeal [6]

1. In the event of the appeal being admitted, the authority generally amends the contested decision. It may also annul it.

2. It refers the case back to the challenged authority for a new decision if the right to be heard or the guarantee of municipal autonomy requires it, if it deems that the challenged authority is best positioned to complete the investigation, or if amending would equate to deciding on the merits in place of the challenged authority.

← Art. 89 LPA-VD - Ex Officio Principle Administrative Procedure Act (LPA-VD) - Purpose Art. 91 LPA-VD - Costs and Expenses →

Court Decisions Applying This Provision (157)

AC.2024.0236 · vd (art. 90 al. 2 LPA-VD)

Property Owner v. Tax Authority: Capital Gains Tax on Land Value Enhancement

The case was referred back to the authority for a new decision as this provision allows for instruction completion by the lower authority.

AC.2023.0299 · vd (art. 90 al. 2 LPA-VD)

Property Zoning Reclassification and Compensation Claim

Cited in the operative part to justify sending the case back to the lower authority for a new decision when the appeal is partially admitted.

AC.2024.0177 · vd (art. 90 LPA-VD)

Appeal Against Municipality's Refusal to Allow Property Parcel Fractioning

Cited as the general procedural rule that in case of admission, the authority generally reforms or annuls the challenged decision.

FI.2024.0044 · vd (art. 90 al. 2 LPA-VD)

Taxpayers Appeal Reassessments on Undisclosed Foreign Income and Securities Trading Classification

Used to annul the decision concerning the tax assessment for periods 2013-2016 and send the case back for a new decision after supplementary instruction.

PS.2024.0064 · vd (art. 90 al. 2 LPA-VD)

Social Assistance Overpayment Repayment Challenge Due to Incomplete Investigation

Cited as the legal basis for annulling the contested decision and remitting the case for supplementary instruction.

BO.2024.0011 · vd (art. 90 al. 2 LPA-VD)

Students v. Cantonal Study Grant Office (Recalculation of Grants Based on Actually Received Parental Income)

Cited in the reasoning as the basis for remitting the case to the lower authority.

BO.2024.0011 · vd (art. 90 al. 2 LPA-VD)

Students v. Cantonal Study Grant Office (Recalculation of Grants Based on Actually Received Parental Income)

Cited in the reasoning for remitting the case to the lower authority.

PE.2024.0111 · vd (art. 90 al. 2 LPA-VD)

Appellant v. Administrative Authority Regarding Job Search Authorization and Doctoral Program Admission

Applied for the annulment of the decision and referral back to the authority for reconsideration under the correct legal framework (Art. 27 LEI).

GE.2024.0347 · vd (art. 90 al. 2 LPA-VD)

Police Data Access and Journal Entry Deletion Dispute

Applied by reference (via art. 99 LPA-VD) to annul the challenged decision and remit the case back to the authority for a new decision.

FO.2024.0007 · vd (art. 90 al. 1 LPA-VD)

Federal Office of Justice v. Land Commission on Foreign Property Acquisition Area Limit

Applied to allow the reform of the challenged decision based on the subsidiary proposal concerning additional charges.

PS.2024.0035 · vd (Art. 90 al. 2 LPA-VD)

Social Assistance Recipient v. Authority Regarding Full Suppression of Integration Income Benefits Following Work Test Failure

The court referenced this provision when explaining why it could not substitute its assessment for that of the administrative authority regarding the calculation and duration of the reduction sanction.

GE.2024.0270 · vd (art. 90 al. 2 LPA-VD)

Victim Compensation Claim Limitation Period Suspension for Delayed Awareness of Rights

Cited as the basis for remitting the case to the lower authority to fix the amount of moral damages after annulling the decision based on the time limit.

GE.2024.0273 · vd (art. 90 al. 2 LPA-VD)

Victim Compensation Act Claim Timeliness Upon Delayed Knowledge of Rights

Cited as the basis for annulling the decision and remitting the case to the authority for further investigation regarding the quantum of moral damages.

AC.2024.0213 · vd (Art. 90 al. 2 LPA-VD)

Applicant v. Municipality (Mobile Mast Permit Refusal)

The case was remanded to the municipality for a new decision due to the admission of the appeal.

AC.2023.0327 · vd (art. 90 al. 2 LPA-VD)

Appeal Against Building Demolition Permit Based on Incomplete Interest Assessment

The court ordered the case to be returned to the lower authority for further investigation and a new decision.