Art. 40 Bundesgesetz vom 20. Dezember 1968 über das Verwaltungsverfahren (VwVG)

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.