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Art. 55 Legge sulla giustizia amministrativa (LGA) - Modifica da parte dall'istanza precedente
Procedura dinanzi al Tribunale d'appello - Ricorso giudiziario - Procedura
Art. 55 LGA · Modifica da parte dall'istanza precedente
1. Fino alla pronuncia della sentenza, l'istanza precedente può modificare la decisione impugnata nel senso delle richieste del ricorrente.
2. La decisione modificata deve essere comunicata al Tribunale d'appello.
3. Il Tribunale d'appello deve esaminare il ricorso soltanto nella misura in cui esso non sia divenuto privo d'oggetto in seguito alla modifica della decisione.
Decisioni giudiziarie che applicano questa disposizione (14)
A 2015 39 · gr (Art. 55 Abs. 1 VRG)
Appeal Against Tax Assessment: Hidden Profit Distribution and Legal Costs
Applied because the partial admission by the respondent rendered the appeal moot in that part.
A 2015 39 · gr (Art. 55 Abs. 3 VRG)
Appeal Against Tax Assessment: Hidden Profit Distribution and Legal Costs
Applied because the partial admission by the respondent rendered the appeal moot in that part.
R 2015 43 · gr (Art. 55 Abs. 1 VRG)
Attic Extension Encroachment Permit Revocation Upheld on Public Interest Grounds
Cited to state that the authority could have changed the decision even without a request for review.
R 2015 43 · gr (Art. 55 Abs. 3 VRG)
Attic Extension Encroachment Permit Revocation Upheld on Public Interest Grounds
Used to define the extent to which appeal R 14 90 is still considered after the revised decision.
PVG 2014 28 · gr (Art. 55 Abs. 3 VRG)
Revocation of Award Binding Upon Missed Appeal Deadline
Cited to establish that the court only addresses the appeal insofar as it has not become moot due to the modified decision (revocation).
PVG 2014 28 · gr (Art. 55 VRG)
Revocation of Award Binding Upon Missed Appeal Deadline
The procedural rule interpreted regarding the possibility of partial modification (Abänderung) of the contested decision during appeal proceedings.
R 2014 8 · gr (Art. 55 Abs. 3 VRG)
Appeal Regarding Retrospective Permits, Preservation Zone Violations, and Fines
Cited regarding the required procedure when the lower authority amends the decision during the appeal process (dismissal for lack of legal interest).
R 2014 8 · gr (Art. 55 VRG e contrario)
Appeal Regarding Retrospective Permits, Preservation Zone Violations, and Fines
Cited to confirm that jurisdiction transfers to the Administrative Court upon appeal, leading to the consideration of the municipality's amendment.
U 2014 13 · gr (Art. 55 Abs. 3 VRG)
Appeal Regarding Foster Placement Costs and Municipal Jurisdiction
Cited regarding the inadmissibility (loss of legal interest) of the appeal concerning the provisional support granted by the respondent.
U 2014 8 · gr (Art. 55 VRG)
Contractor Challenges Revocation of Contract Award Following Initial Appeal Dismissal
Cited as a relevant basis (in conjunction with Art. 24 SubG) for the municipality's initial decision to withdraw the award and order a re-tender.
R 2011 106 · gr (Art. 55 Abs. 3 VRG)
Zoning Height Restriction Removal and Compensation Dispute
Cited in the reasoning section to justify the dismissal of appeal R 11 103 due to withdrawal (although this rule was invoked by the lower court's judge earlier, the final orders rely on the withdrawal itself).
R 2011 11 · gr (Art. 55 Abs. 1 VRG)
Property Owner v. Municipality Regarding Shed Removal Order
The court noted that the administrative authority could modify the contested decision up to the judgment, which rendered part of the appeal moot.
R 2011 11 · gr (Art. 55 Abs. 3 VRG)
Property Owner v. Municipality Regarding Shed Removal Order
The court used this provision to dismiss the appeal insofar as it was not rendered moot.
U 2009 104 · gr (Art. 55 Abs. 1 VRG)
Municipality Social Assistance Appeal Regarding Unlawful Pension Draw Condition
Cited in the reasoning when the court explains the Municipality could have used this provision to amend the decision in light of the prior ruling.