Legislator Case Law & Legislation
173.8 GTARLTAR CH-VS

Art. 27 Act fixing the tariff of fees and costs before judicial or administrative authorities (LTar) - Fee of Legal Counsel - Determination Criteria

**Compensations - General Provisions**
Open official source Full Act (47 Articles) Machine-readable Markdown (.md)

Art. 27 GTar · Determination Criteria

1. The fee is determined between a minimum and maximum as provided in this chapter; it considers the nature and significance of the case, the difficulty, the scope, the time usefully expended by the attorney, and the financial situation of the party.

2. As a rule, the fee is determined according to the value in dispute.

3. If the value in dispute cannot be ascertained, the fee is determined based on the assessment criteria listed in paragraph 1.

4. The authority sets the fee in round figures, additionally complying with the special provisions in the various rules of procedure.

5. The compensations are inclusive of value-added tax. If the value-added tax rate was changed at the time this law comes into effect, the Council of State shall adjust the fees provided in this law through regulatory means.

← Art. 26 GTar - Social Insurances Act fixing the tariff of fees and costs before judicial or administrative authorities (LTar) - Scope of Application Art. 28 GTar - Disputed Amount →

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Court Decisions Applying This Provision (260)

TCVS C1 16 238 · vs (Art. 27 al. 1 LTar)
Insurer Reimbursement Claim in Plane Crash Case Rejected Despite Overcoming Prescription Period
Used to determine the amount of costs awarded to the successful party for the appeal procedure.
S2 24 23 · vs (art. 27 al. 1 et 40 al. 1 LTar)
Tinnitus Causation for Psychological Impairment and Benefit Reassessment
Cited in conjunction with art. 61 let. g LPGA to set the amount of the party costs awarded to the appellant.
S1 23 199 · vs (art. 27 al. 1 et 40 al. 1 LTar)
Appeals Regarding Supplementary Benefit Calculation Based on Presumed Cohabitation and Apartment Rent Sharing
Cité en lien avec l'octroi de l'indemnité pour dépens.
S1 24 171 · vs (Art. 27 ff. GTar)
Disability Insurance Appeal: Right to be Heard Cured, Benefits Claim Dismissed
Cited as the legal framework used to determine the amount of the global party compensation.
S1 23 80 · vs (art. 27 al. 1 et 40 al. 1 LTar)
Unemployment Benefits Restitution Good Faith Reversal
Cited as the basis for calculating the amount of the costs awarded to the appellant.
C1 25 104 · vs (Art. 27 Abs. 1 GTar)
Father v. Child Protection Authority on Visitation and Procedural Delays
Cited for the criteria used to determine the fee amount within the range.
P3 25 13 · vs (Art. 27 Abs. 1 GTar)
Appeal Regarding Dismissal of Criminal Proceedings and Compensation for Wrongful Custody
Cited in the reasoning (point 3.2) to establish the criteria for setting the quantum of the party compensation awarded in dispositive order 5.
C1 25 53 · vs (Art. 27 al. 1 LTar)
Remand of Cantonal Decision on Liquidator Removal Appeal Costs Apportionment
Cited in the reasoning to determine the amount of legal fees for the appeal procedure, which is then allocated in the dispositive orders.
S2 23 78 · vs (art. 27 al. 1 et 40 al. 1 LTar)
Pension Benefits Based on Statutory Disability Determination
Cited as the basis for determining and awarding the amount of the legal costs (dépens) to the claimant.
S1 22 168 · vs (art. 27 al. 1 LTar)
Appeal for Long-Term Disability Benefits Denied Due to Unchanged Medical Condition
Cited as a criterion for evaluating the amount of the legal counsel's fees.
C1 24 265 · vs (Art. 27, 34 et 35 al. 1 let. a LTar)
Lien Eligibility for Mobile Equipment Rental and Operator Services Post-Contractor Bankruptcy
Cited in conjunction with the order to pay indemnities (costs) to the appellees.
S2 24 55 · vs (Art. 27 Abs. 1 und Art. 40 GTar)
Claimant v. Accident Insurer: Appeal of Benefit Cessation Due to Supraspinatus Tear Causation Dispute
Cited as criteria for determining the amount of the party compensation imposed on the respondent.
P3 24 260 · vs (Art. 27 Abs. 1 GTar)
Prosecutor's Discontinuance of Misappropriation Case Overturned Due to Insufficient Evidence and Contradictory Statements
Cited as a criterion for setting the party compensation amount.
S2 24 84 · vs (Art. 27 Abs. 1 und Art. 40 GTar)
Insurance Benefits Appeal: Causation of Chronic Fatigue Syndrome and Psoriasis Linked to Occupational CLL
Cited in the reasoning for determining the amount of the party compensation.
S3 25 1 · vs (Art. 27 Abs. 1 GTar)
Cantonal Court Decision on Costs Following Partial Success of Appeal
Cited in the reasoning as the basis for determining the lawyer's fee, which is applied when setting the compensation in order 2.