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172.6 VVRGLPJA CH-VS

Art. 47 Act on Administrative Procedure and Jurisdiction (LPJA) - Grounds for Appeal

The Appeal Procedure before Administrative Authorities - Appeal Deadline, Grounds for Appeal, and Appeal Letter
Open official source Full Act (114 Articles) Machine-readable Markdown (.md)

Art. 47 VVRG - Grounds for Appeal · Grounds for Appeal

1. The appellant may challenge the legal violations as well as the inexpediency of the decision through the complaint.

2. The incorrect or incomplete determination of the facts, the violation of an essential procedural rule, as well as the excess or abuse of discretion are considered to be legal violations.

3. The complaint regarding inexpediency is inadmissible if the matter falls within the autonomous domain of the municipality or a municipal association.

4. New requests, assertions of fact, and motions for evidence are permissible.

← Art. 46 VVRG - Appeal Period Act on Administrative Procedure and Jurisdiction (LPJA) - Principle Art. 48 VVRG - Complaint Document →

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Court Decisions Applying This Provision (4)

A1 21 218 · vs (article 47 al. 1 et 2 LPJA)
Moral Damages Indemnity for Violent Altercation with Concurrent Fault
Cited in the reasoning section concerning the admissibility requirements for the fourth ground of appeal (though noted as inapplicable to administrative appeals in this context).
A1 21 27 · vs (Art. 47 Abs. 4 i.V.m. Art. 80 VVRG)
Expropriation Compensation Valuation Based on Actual Land Hazard
Cited in the reasoning to state that new claims (like total expropriation) are not permissible in the appeal procedure.
A1 19 187 · vs (art. 47 al. 5 LPJA)
Co-ownership Association v. Nightclub Operator (Noise and Smoking Compliance)
Cited to justify sending the case back to the communal authority instead of the Cantonal Council due to broader review power.
A1 11 157 · vs (Art. 47 VVRG)
Building Permit Fee Calculation and Equivalence Principle
Cited by the Court to establish the scope of the State Council's review power regarding municipal decisions.