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172.6 VVRGLPJA CH-VS

Art. 61 Act on Administrative Procedure and Jurisdiction (LPJA) - Decision-Making Authority

The Complaint Procedure before Administrative Authorities - Decision on the Complaint
Open official source Full Act (114 Articles) Machine-readable Markdown (.md)

Art. 61 VVRG · Decision-Making Authority

1. The appellate body is not bound by the claims and grounds presented by the parties. It may modify the contested decision in favor of one party.

2. It may amend the contested decision to the detriment of a party if the decision is unlawful or based on an incorrect or incomplete determination of the facts.

3. If the appellate body intends to amend the contested decision to the detriment of the appealing party, it shall inform the party of this intention and provide an opportunity for the party to respond.

← Art. 60 VVRG - Decision on the Merits Act on Administrative Procedure and Jurisdiction (LPJA) - Principle Art. 61a VVRG - Decision Period →

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Court Decisions Applying This Provision (1)

A1 07 83 · vs (art. 61 al. 1 LPJA)
Property Owner v. Municipality (Aesthetic Grounds for Pavilion Denial)
Cited to confirm that the administrative appeal authority was entitled to discuss the issue of building order, as it is not bound by the parties' grounds.