172.021
VWVGPA
CH
CH
Art. 46 Legge federale del 20 dicembre 1968 sulla procedura amministrativa (PA)
PA; Capo terzo: Della procedura di ricorso in generale; B. Ricorso contro le decisioni incidentali; II. Altre decisioni incidentali
Art. 46 PA
Il ricorso contro altre decisioni incidentali notificate separatamente è ammissibile se: a. tali decisioni possono causare un pregiudizio irreparabile; o b. l’accoglimento del ricorso comporterebbe immediatamente una decisione finale consentendo di evitare una procedura probatoria defatigante e dispendiosa.
Se il ricorso non è ammissibile in virtù del capoverso 1 o non è stato interposto, le decisioni incidentali possono essere impugnate mediante ricorso contro la decisione finale in quanto influiscano sul contenuto della stessa.
Decisioni giudiziarie che applicano questa disposizione (494)
5V 23 203 · lu (Art. 46 Abs. 1 lit. a VwVG)
Social Insurance Agency Failed to Negotiate Expert Selection
Cited in the dispositive to establish the appealability of the interlocutory decision that causes irreparable harm.
VPB 07-1897-5695 (art. 46, al. 1 PA)
Interlocutory Appeal of Extended Deadline in Trademark Opposition
Cited as a basis for appealing an interlocutory decision if it causes irreparable harm or can lead to an immediate final decision avoiding lengthy proceedings.
VPB 07-1897-5695 (art. 46, al. 2 PA)
Interlocutory Appeal of Extended Deadline in Trademark Opposition
Cited for the possibility of challenging interlocutory decisions with the final decision if certain conditions are not met.
B-10036/2025 (Art. 46 Abs. 1 VwVG)
Foundation's Appeal Against Supervisory Authority's Decision Denying File Access Dismissed for Lack of Jurisdiction
Used to determine that the appeal against the interim decision was inadmissible because no unrecoverable disadvantage was demonstrated.
C-1198/2026 (Art. 46 Abs. 1 Bst. a und b VwVG)
Health Insurers' Appeal Against Provisional Reimbursement Rate Dismissed
The appeal was declared inadmissible because the conditions for its admissibility, namely the occurrence of an irreparable disadvantage or the possibility of an immediate final decision, were not met.
C-1202/2026 (Art. 46 Abs. 1 Bst. a und b VwVG)
Appeal Against Provisional Medical Tariff Dismissed as Inadmissible
Used to declare the appeal inadmissible because the conditions for non-recoverable disadvantage or immediate final decision were not met.
C-1203/2026 (Art. 46 Abs. 1 VwVG)
Appeal against Provisional Medical Tariff Rate Dismissed as Inadmissible
Used to declare the appeal inadmissible because the conditions for appealing an interlocutory decision were not met.
B-8251/2025 (art. 46 al. 1 let. a PA)
Foundation Member's Appeal Inadmissible Due to Lack of Irreparable Harm
Used to declare the appeal inadmissible because the appellant failed to demonstrate irreparable harm from the incidental decision.
C-409/2026 (Art. 46 Abs. 1 VwVG)
Insurers' Appeal Against Provisional Medical Tariff Dismissed
Used to declare the appeal inadmissible because the conditions for appealing an interim decision were not met.
C-437/2026 (Art. 46 VwVG)
Health Insurers' Appeal Against Provisional Tax Point Value Dismissed
The court did not enter into the merits of the appeal because the requirements of this article, regarding the inadmissibility of appeals against interim decisions, were not met.
C-441/2026 (Art. 46 Abs. 1 lit. a VwVG)
Insurance Companies' Appeal Against Provisional Medical Rate Dismissed as Inadmissible
Cited as a ground for inadmissibility of the appeal because no irreparable disadvantage was demonstrated.
C-441/2026 (Art. 46 Abs. 1 lit. b VwVG)
Insurance Companies' Appeal Against Provisional Medical Rate Dismissed as Inadmissible
Cited as a ground for inadmissibility of the appeal because the appeal would not lead to an immediate final decision saving time or costs.
B-7919/2025 (art. 46 al. 1 let. a PA)
Foundation Member's Appeal on Board Appointment Inadmissible Due to Lack of Irreparable Harm
The appeal was declared inadmissible because the requirements for appealing an interim decision, specifically the existence of irreparable harm, were not met.
B-1612/2025 (Art. 46 Abs. 1 Bst. a und b VwVG)
Candidate Exclusion from Professional Exam is Appealable Intermediate Decision
Conditions under which interim decisions can be appealed independently.
B-1612/2025 (Art. 46 Abs. 2 VwVG)
Candidate Exclusion from Professional Exam is Appealable Intermediate Decision
Rule that interim decisions can only be appealed with the final decision.