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Ordinance of the Administrative Court on the Attorneys' Fee Tariff for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission and the Boards of Appeal - Scope

7 Articles / Provisions · Switzerland · Canton of Thurgau
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Table of Provisions (7)

§ 1 Regulation of the Administrative Court on the Attorney Fee Schedule for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission, and the Appeals Commissions § 2 Regulation of the Administrative Court on Attorney Fees for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission, and the Appeals Commissions § 3 Regulation of the Administrative Court on the Lawyer's Fee for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission, and the Appeal Commissions § 4 Regulation of the Administrative Court on Attorney Fees for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission, and the Appeal Commissions § 5 Regulation of the Administrative Court on Attorney Fees for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission, and the Appeals Commissions § 6 Regulation of the Administrative Court on Attorney Fees for Disputes Before the Administrative Court, the Insurance Court, the Expropriation Commission, and the Appeal Commissions § 8 Regulation of the Administrative Court on the Attorney Tariff for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission, and the Appeal Commissions

Statutory Text (7 Articles)

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§ 1 Ordinance of the Administrative Court on the Attorneys' Fee Tariff for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission and the Boards of Appeal - Scope Open official source

1. This regulation governs party compensation pursuant to § 80 of the Administrative Procedure Act (VRG) in all proceedings before the Administrative Court, the Insurance Court, the arbitration courts pursuant to § 69a para. 2 VRG, the Expropriation Commission, and the Appeals Commissions.

2. § 23 of the Lawyers Act is reserved for the relationship between attorneys and the party they represent.

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§ 2 Ordinance of the Administrative Court on the Attorneys' Fee Tariff for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission and the Boards of Appeal - Party Compensation Open official source

1. Party Compensation includes the costs of legal representation, any other necessary expenses of the party, as well as reimbursement of value-added tax (VAT), provided there is an obligation to pay VAT.

2. Party Compensation is determined by the court. An invoice for fees may be submitted.

3. The prevailing party is entitled to full Party Compensation. In the case of a partial victory, Party Compensation is reduced accordingly.

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§ 3 Ordinance of the Administrative Court on the Attorneys' Fee Tariff for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission and the Boards of Appeal - Assessment Open official source

1. The party compensation is determined by the significance and difficulty of the case, the time required for appropriate representation, and the cash expenses. It generally amounts to between CHF 400 and CHF 10,000, in addition to documented cash expenses and value-added tax.

2. The hourly rate ranges between CHF 200 and CHF 300.

3. In cases of legal representation as defined in Art. 8 para. 2 of the Federal Act on the Free Movement of Lawyers, the hourly rate is CHF 150.

4. In proceedings that require an exceptionally large amount of work, the court may exceed the rates stipulated in this regulation when determining the fee.

5. Unnecessary or insignificant expenses will not be reimbursed.

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§ 4 Ordinance of the Administrative Court on the Attorneys' Fee Tariff for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission and the Boards of Appeal - Free Legal Representation Open official source

1. Subject to § 3 para. 3, the hourly rate for gratuitous legal representation is CHF 200.

2. The compensation is due to the gratuitous attorney.

3. In cases of gratuitous representation, attorneys may not demand any additional compensation from the party they represent.

4. The party represented gratuitously is obliged to reimburse the canton if they are later able to do so.

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§ 5 Ordinance of the Administrative Court on the Attorneys' Fee Tariff for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission and the Boards of Appeal - Uncollectibility of Party Compensation Open official source

1. If a party, who in principle is entitled to legal representation free of charge, is awarded full or partial reimbursement of costs due to their prevailing in the case, and this reimbursement subsequently proves to be irrecoverable, their legal representative may retroactively demand compensation for the unrecoverable costs by applying for legal representation free of charge at the deciding instance. This generally requires a corresponding certificate of loss against the liable party.

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§ 6 Ordinance of the Administrative Court on the Attorneys' Fee Tariff for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission and the Boards of Appeal - Transitional Provision Open official source

1. This tariff shall apply to all proceedings pending at the time of the entry into force of this regulation.

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§ 8 Ordinance of the Administrative Court on the Attorneys' Fee Tariff for Disputes before the Administrative Court, the Insurance Court, the Expropriation Commission and the Boards of Appeal - Entry into Force Open official source

1. This regulation shall enter into force on 1 October 2009.

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