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172.6 VVRGLPJA CH-VS

Art. 35 Act on Administrative Procedure and Jurisdiction (LPJA)

The Procedure Before Administrative Authorities - Determination Procedure
Open official source Full Act (114 Articles) Machine-readable Markdown (.md)

Art. 35 VVRG

1. The competent authority in the matter may issue a declaratory decision concerning the existence, non-existence, or scope of public law rights or obligations, either ex officio or upon request.

2. A request for a declaratory decision must be granted if the applicant credibly demonstrates a legitimate interest.

3. No party shall suffer disadvantages for having acted in legitimate reliance on a declaratory decision.

← Art. 34n VVRG - Notification Act on Administrative Procedure and Jurisdiction (LPJA) - Principle Art. 36 VVRG - Requirements →

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Court Decisions Applying This Provision (3)

A3 24 13 · vs (Art. 35 Abs. 1 und 2 VVRG)
Appeal Against Jointly Imposed Fine on Grounds of Individualized Sanction Principle
Cited in the reasoning (1.2.1) concerning the inadmissibility of the declaratory claim (Order 1 only rules on the main claim, not the declaratory part).
A1 20 49 · vs (Art. 35 VVRG)
Federal Office of Justice v. Cantonal Authority on Real Estate Acquisition for Hotel Use
Cited in the context of the legal basis for requesting a declaratory judgment regarding the existence of public law rights or obligations.
A1 11 45 · vs (Art. 35 VVRG)
Administrative Appeal Regarding Operating Permit and Standing for Provisional Closure
Cited in relation to the possibility for the appellant to request a declaratory judgment concerning the existence or non-existence of public law rights or duties (used for appeal request 3).