Art. 38 Bundesgesetz vom 20. Dezember 1968 über das Verwaltungsverfahren (VwVG)

WBE.2020.116 · ag (Art. 38 VwVG)

Zoning Amendment Invalid Due to Deficient Public Notice

This article states that parties shall not suffer disadvantages due to defective notification. It is a general principle of public procedural law that clarifies the principle of good faith.

JAAC 63.10 (Art. 38 PA)

Asylum Seeker's Appeal Deemed Inadmissible Due to Late Filing Based on Domicile Notification

Cited in relation to irregular notification, stating that it should not cause prejudice to parties and that appeal periods only begin to run from the moment the addressee could become aware of the decision.

D-980/2026 (Art. 38 VwVG)

SEM's Incorrect Appeal Notice Invalidates Asylum Decision

Cited as the legal basis for the finding that the opening of the contested decision was flawed due to an incorrect notification of appeal.

E-994/2025 (Art. 38 VwVG)

No Refoulement to Poland for Ukrainian Nationals with Lapsed Temporary Protection

Used to deny the applicants' request for annulment and re-notification of the appealed decision due to a lack of disadvantage.

4.BE.2024.16 · ag (Art. 38 VwVG)

Property Owner Not Liable for Tenant Electricity Usage

This provision was cited to state that parties should not suffer disadvantages due to defective notification, concretizing the principle of good faith.

Bundesrat · 2025-10-08-beschwerde-eda (Art. 38 PA)

NGO Funding Suspension and Reputation Damage Case

States that an irregular notification cannot prejudice parties, requiring a decision to be recognizable as such.

BVGE-2025-V-2 (Art. 38 VwVG)

Environmental Groups' Standing and Emergency Pesticide Authorizations

Cited in the context of defects in notification and the consequences for parties, particularly regarding the right to appeal.

B-394/2025 (Art. 38 VwVG)

Asset Freeze Appeal Dismissed for Untimeliness After Actual Notification

The consequences of a flawed service were evaluated based on this article, specifically regarding the principle that parties should not suffer disadvantages from deficient opening.

B-406/2025 (Art. 38 VwVG)

Appeal Dismissed as Untimely Despite Improper Service

Discussed in the reasoning concerning the consequences of a defective notification and the protection against disadvantages for the party.

VWBES.2025.50 · so (Art. 38 VwVG)

Social Assistance Termination Upheld Due to Failure to Claim Pension Benefits

Cited in the reasoning when discussing the formal defect in service, relating to the principle that no disadvantages should arise from a flawed notification.

A-1691/2024 (art. 38 PA)

Employee denied early retirement despite employer's failure to formally decide on request.

States that irregular notification of a decision cannot prejudice the parties.

F-361/2020 (Art. 38 PA)

Switzerland Bars Individual for Ten Years Due to Organized Crime and Financial Scandal Concerns

This provision states that irregular notification of an act should not prejudice the parties, which was considered in assessing the validity of the notification of the entry ban.

VWBES.2023.358 · so (Art. 38 VwVG N 12)

Noise Abatement Order Appeal Timeliness and Right to Be Heard in Cross-Cantonal Shooting Range Dispute

Cited in the reasoning regarding the calculation of the appeal deadline.

D-822/2024 (Art. 38 VwVG)

Asylum seeker wins appeal due to flawed notification

The court found that the applicant suffered a disadvantage due to the SEM's flawed notification of the decision.

C-1336/2021 (Art. 38 VwVG)

Disability Pension Reduction and Termination Appeal

States that parties should not suffer disadvantages due to formal defects in a disposition.