172.6 VVRGLPJA

CH-VS

Art. 51 Act on Administrative Procedure and Jurisdiction (LPJA) - Suspensive Effect

The Complaint Procedure before Administrative Authorities - Effect of the Complaint and Instruction

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Art. 51 VVRG - Suspensive Effect · Suspensive Effect

1. The appeal has a suspensive effect.

2. If the order does not concern a monetary payment, the lower instance may, for sufficient reasons, withdraw the suspensive effect of a possible appeal in whole or in part; the same authority is granted to the appeal instance or, if it is a collegial authority, to its chairperson after the submission of the appeal.

3. The appeal instance or its chairperson may, ex officio or upon request, restore the suspensive effect withdrawn from an appeal by the lower instance.

4. If the withdrawal of the suspensive effect results from the substantive decision, the request for restoration can only be made together with the appeal against this decision or at a later stage. This request or the independent appeal against the interim order regarding refusal or withdrawal of the suspensive effect has no suspensive effect and must be decided without delay.

5. If, on the one hand, the suspensive effect is arbitrarily withdrawn, or on the other hand, a request for the suspensive effect or an independent appeal against an interim order concerning refusal or withdrawal of the suspensive effect is arbitrarily dismissed or decided too late, the entity or autonomous institution in whose name the authority made the order shall be liable for the resulting damage.

← Art. 50 VVRG - Requested Supplementation Act on Administrative Procedure and Jurisdiction (LPJA) - Principle Art. 53 VVRG - Instruction on Complaints →

Court Decisions Applying This Provision (16)

A1 24 143 · vs (art. 51 al. 1 LPJA)

Neighbors v. Municipality (Underground Garage Permit and Servitude Dispute)

Cited in the reasoning to state that the request for suspensive effect was obsolete due to automatic effect.

A1 24 127 · vs (art. 51 et 80 al. 1 let. d LPJA)

Property Owner v. Municipality on Municipal Reserved Zone for Land Use Readjustment

Cited in connection with the principle that the special rule (art. 19 al. 1 in fine LcAT) overrides the general rule regarding automatic suspensive effect for administrative appeals.

S1 22 132 · vs (art. 51 al. 1 LPJA)

Appeal Dismissed for COVID-19 Loss of Earnings Compensation and Repayment Obligation

Cited in relation to the suspensive effect of the appeal, although the request was deemed moot.

A1 23 145 · vs (art. 51 al. 1 LPJA)

Barn Conversion Permit Appeal Regarding Noise and Residency Compliance

Cited in the reasoning regarding the appeal having suspensive effect ex lege, making the conclusion on this point obsolete.

A1 22 147 · vs (art. 51 al. 2 LPJA)

Appeal Inadmissible: Revocation of Lakeside Concession Following Property Sale

Cited in the dispositive order 1 in connection with the classification of the request to withdraw the suspensive effect.

A1 21 271 · vs (art. 51 al. 2 ss et 80 al. 1 lit. d LPJA)

Chalet Enlargement Permit Access Dispute

Cited regarding the classification of the request for a suspensive effect.

A2 21 57 · vs (Art. 51 Abs. 2 VVRG)

Owner's Appeal Against Denial of Suspensive Effect for Site Remediation Order

The court dismissed the appeal, referencing this article in the context of declining to reinstate the suspensive effect, which was the subject of the appeal.

A1 21 76 · vs (art. 51 al. 2 LPJA)

Judicial Review of Arson Convict's Facility Placement

Mentioned to reject the appellant's first ground of appeal concerning the violation of rules on suspensive effect.

A1 21 31 · vs (Art. 51 Abs. 1 VVRG)

Business Suspension Over Collective Bargaining Agreement Compliance in Public Contracts

The provision defining the general rule that an administrative appeal has suspensive effect, which the court reinstated.

A2 20 68 · vs (Art. 51 Abs. 3 VVRG)

Municipality Upheld in Denying Stay of Material Management Stoppage Based on Public Safety

This procedural provision on the reinstatement of the suspensive effect by the appeal instance was discussed, but the overall request under this framework was ultimately rejected.

A1 19 214 · vs (Art. 51 Abs. 1 VVRG)

Litigant v. School Board Regarding Recusal and Failing Grades

Cited in point 6.4 regarding the general suspensive effect of an administrative appeal.

A1 19 214 · vs (Art. 51 Abs. 2 VVRG)

Litigant v. School Board Regarding Recusal and Failing Grades

Cited in point 6.4 and 6.7 to discuss the conditions under which the lower authority can withdraw the suspensive effect, which the court found to be absent.

A1 19 214 · vs (Art. 51 Abs. 3 VVRG)

Litigant v. School Board Regarding Recusal and Failing Grades

Cited in the procedural request by the appellant, and the court's reasoning discusses the suspension of effect (aufschiebende Wirkung) in relation to this article in point 6.4 ff.

A1 19 214 · vs (Art. 51 Abs. 5 VVRG)

Litigant v. School Board Regarding Recusal and Failing Grades

Cited in point 6.8 regarding liability for damages if the suspensive effect is arbitrarily withdrawn.

A1 14 11 · vs (art. 51 al. 1 LPJA)

Appeal Dismissed for Lack of Concrete Interest Following Annulment of Building Permits

Cited regarding the effect of suspending the contested decision, which became moot due to inadmissibility.