172.021
VWVGPA
CH
CH
Art. 42 Bundesgesetz vom 20. Dezember 1968 über das Verwaltungsverfahren (VwVG)
VwVG; Zweiter Abschnitt: Allgemeine Verfahrensgrundsätze; K. Vollstreckung; II. Zwangsmittel; 3. Verhältnismässigkeit
Art. 42 VwVG
Die Behörde darf sich keines schärferen Zwangsmittels bedienen, als es die Verhältnisse erfordern.
Gerichtsentscheide zu dieser Bestimmung (19)
810.23.8 · bl (§ 42 Abs. 1 VwVG BL)
Late Appeal Dismissed as Moot and Lacking Merit
This provision allows for appeals against the unlawful denial or delay of an official decision.
810.23.8 · bl (§ 42 Abs. 2 VwVG BL)
Late Appeal Dismissed as Moot and Lacking Merit
This provision defines who is entitled to appeal a case of denial or delay of an official decision, requiring a legitimate interest.
2021.07.07.vv.4 · bl (§ 42 VwVG)
Social Assistance: Housing Costs Reassessment for Vulnerable Individuals
Regulates appeals due to refusal or delay of legal action, allowing challenges when a decision is wrongly refused or delayed.
A-1651/2019 (Art. 42 PA)
Taxpayer's Appeal Dismissed for Late Filing Due to "A-Post Plus" Notification
Cited regarding the devolutive effect of an appeal.
E-1035/2019 (art. 42 PA)
Asylum Claim Denied for Lack of Credibility
The appeal has suspensive effect by law, making the request for restitution of suspensive effect moot.
810.18.226 · bl (§ 42 Abs. 3 VwVG BL)
Informational Letter Sufficient, No Formal Decision Required
Cited by the respondent regarding the competent appeal instance, but not directly applied in the dispositive.
B-6227/2016 (art. 42 PA)
Auditor License Revocation Reduced Due to Disproportionate Sanction
Cited for the principle that the authorities may not use coercive means more severe than required by the circumstances.
A-7174/2016 (Art. 42 PA)
Tax Authority's Guarantee Upheld Due to Founder's Past Tax Non-Compliance
This provision was cited in relation to the principle of proportionality concerning the amount of the guarantee.
B-7062/2016 (Art. 42 PA)
Financial Authority's Publication Order Reduced for Unlicensed Activity
Principle that authorities cannot use coercive means more rigorous than required by circumstances, applied to reduce the publication duration.
2016.09.28.vv.1 · bl (§ 42 Abs. 1 VwVG BL)
Voluntary Income Management Services Not Subject to Administrative Challenge
This provision establishes the right to appeal against the undue refusal or delay of a ruling, which is the basis for the legal remedy sought.
C-6240/2012 (Art. 42 VwVG)
Disability Benefits Claim Denied: Court Upholds Medical Assessments
The appeal was filed in compliance with the formal requirements.
B-6585/2013 (art. 42 PA)
Auditor License Revocation Partially Overturned for Insufficient Justification of Duration
Cited as a principle of proportionality in administrative procedure, requiring the least restrictive means.
A-2593/2012 (Art. 42 VwVG)
Property Owner Fails to Provide Safety Certificate, Enforcement Upheld
This provision requires that the coercive measure must be proportionate.
B-883/2011 (Art. 42 PA)
Foundation Board Member Suspension Overturned Due to Insufficient Justification
Cited in the section on legal remedies, concerning the requirements for written submissions to the Federal Tribunal.
B-4710/2009 (Art. 42 VwVG)
Company Illegally Accepted Public Deposits Via Non-Compliant Bonds
Cited in relation to the proportionality of the liquidation order, concluding it was justified.