172.021
VWVGPA
CH
Art. 40 Legge federale del 20 dicembre 1968 sulla procedura amministrativa (PA)
PA; Capo secondo: Regole generali di procedura; K. Esecuzione; II. Mezzi coattivi; 1. Esecuzione per debiti
Art. 40 PA
Le decisioni che intimano il pagamento di denaro o la prestazione di garanzie sono eseguite in via di esecuzione conformemente alla legge federale dell’11 aprile 1889 sulla esecuzione e sul fallimento.
Decisioni giudiziarie che applicano questa disposizione (42)
650.2023.88 · bl (§ 40 Abs. 1 VwVG BL)
Municipality's Retroactive VAT Charge on Water Fees Invalid
Cited as the legal basis for reopening a case if the factual or legal situation has changed significantly in favor of a party or if there is a ground for revision.
650.2023.88 · bl (§ 40 Abs. 1 lit. b VwVG BL)
Municipality's Retroactive VAT Charge on Water Fees Invalid
Cited in conjunction with § 40 Abs. 2 lit. d VwVG BL for the principle that a case can be reopened if a decision is affected by a severe and obvious legal defect.
650.2023.88 · bl (§ 40 Abs. 2 VwVG BL)
Municipality's Retroactive VAT Charge on Water Fees Invalid
Cited as a ground for reopening a case if a decision is affected by a severe and obvious legal defect.
2021.07.07.vv.4 · bl (§ 40 Abs. 1 VwVG i.V.m. § 40 Abs. 2 VwVG)
Social Assistance: Housing Costs Reassessment for Vulnerable Individuals
Defines the conditions under which a public authority must re-examine a decision, including consideration of unconsidered facts or new evidence.
2021.06.29.vv.1 · bl (§ 40 Abs. 2 lit. c VwVG BL)
Revision Denied: Post-Decision Evidence and Applicant's Own Fault
Cited as the basis for the revision grounds and specifically for new facts and evidence.
810.21.49 · bl (§ 40 Abs. 2 lit. c VwVG BL)
Revision Denied: Post-Judgment Share Valuation Not "Newly Discovered" Evidence
Basis for the inadmissibility of the revision request due to the inadmissibility of 'echte Noven' (newly arisen evidence for pre-existing facts) as a ground for revision.
2021.01.13.vv.1 · bl (§ 40 Abs. 1 VwVG BL)
Municipal Contributions Recovery from Son for Nursing Home Resident
This provision regulates the conditions for re-examining a case, specifically the substantial change in factual or legal circumstances, and was applied to determine whether the appeal should be reconsidered.
2021.01.13.vv.1 · bl (§ 40 Abs. 2 lit. d VwVG BL)
Municipal Contributions Recovery from Son for Nursing Home Resident
This provision defines a ground for revision in case of a serious and obvious legal defect, and it was assessed to determine if the initial ruling was fundamentally flawed.
810.20.160 · bl (§ 40 Abs. 2 lit. d VwVG BL)
Municipality v. Son: Loan Not Renunciation, Appeal Dismissed
This provision is cited as a ground for review if the administrative decision is affected by a serious and obvious legal defect.
810.20.64 · bl (§ 40 Abs. 2 lit. b VwVG BL)
Nature Protection Group Lacks Standing in Land Dispute
Cited as a potential ground for reopening a procedure if essential procedural rules were violated or significant facts were disregarded, which the court ultimately found not to apply.
810.20.64 · bl (§ 40 Abs. 2 lit. d VwVG BL)
Nature Protection Group Lacks Standing in Land Dispute
Cited as a potential ground for reopening a procedure if the decision suffered from a serious and obvious legal defect, which the court ultimately found not to apply.
2020.08.27.sv.2 · bl (§ 40 Abs. 2 lit. c VwVG BL)
Disability Benefits Revision Denied: New Medical Report Lacks "New and Significant" Evidence
This provision is cited as the specific ground for revision, requiring the emergence of significant new facts or evidence that the party could not present earlier without fault.
D-188/2019 (Art. 40 VwVG)
Inadmissibility of Removal Order Due to PTSD from Domestic Violence
Relates to the formal requirements for submitting appeals.
C-4821/2018 (art. 40 PA)
Disability Pension Payments Not Automatically Resumed on Remand After Annulment of Cessation Decision
Cited to state that decisions ordering payment of a sum of money are enforced through debt enforcement proceedings.
2019.05.09.sv.5 · bl (§ 23 VPO in Verbindung mit § 40 Abs. 2 lit. c VwVG)
Applicant Denied Revision of Disability Benefits Based on New Expert Opinion
This provision is cited as the legal basis for the revision of a previous court decision and is used to justify the rejection of the revision request because no grounds for revision were met.