Art. 74 Bundesgesetz vom 20. Dezember 1968 über das Verwaltungsverfahren (VwVG)

Bundesrat · 2024-07-09-zwischenverfuegung-europarat (Art. 74 VwVG)

Federal Council Jurisdiction in Council of Europe Expert Nomination Dispute

States that an appeal to the Federal Council is inadmissible if the decision can be challenged before another federal authority or by way of objection.

BVGE-2023-VII-5 (Art. 74 PA)

Right to judicial review of expulsion orders based on national security concerns.

Cited in conjunction with Art. 47 al. 1 let. d PA to exclude administrative recourse routes to the DFJP and Federal Council.

F-3116/2023 (Art. 74 PA)

Jurisdiction over expulsion appeal despite national security concerns, based on ECHR rights.

Cited in conjunction with Article 47(1)(d) PA to exclude administrative appeal routes to the DFJP and the Federal Council when the counter-exception of Article 32(1)(a) LTAF applies.

D-1986/2021 (Art. 74 Abs. 1 VwVG)

Dublin Regulation: Asylum Seeker's Removal to Italy Upheld Despite Claims of Inadequate Conditions

This provision was used to dismiss the appeal in its entirety.

F-1417/2020 (Art. 74 Abs. 1 VwVG)

Nigerian asylum seeker's deportation to Germany upheld by Swiss court.

This provision was used to reject the request for legal aid.

RR.2015.219 (Art. 74 cpv. 2 lett. b PA)

Switzerland v. Italy: Judicial Assistance Denial Upheld Despite Procedural Flaw

Used to allow a simplified procedure for transmission of documents.

JAAC 70.83 (Art. 74 let. a PA)

Federal Council Upholds Denial of Film Quality Bonus Due to Lack of Clearly Above-Average Artistic Merit

Confirms the Federal Council's jurisdiction to rule on the matter.

VPB 06-0487-2415 (Art. 74 PA)

Opposition Proceedings: "Coco Chanel" Mark Likelihood of Confusion

Basis for the notification of the decision to the parties, including publication in the Federal Gazette.

JAAC 68.60 (Art. 74 lett. a PA)

Road Project Reserved Zone: Landowner Rights vs. Public Interest

Cited in conjunction with Art. 72 lett. a PA to establish the Federal Council's jurisdiction over appeals against its departments' decisions when direct appeal to the Federal Tribunal is excluded.

JAAC 64.66 (Art. 74 let. e PA)

Employee's Parking Rent Appeal Rejected

This article, in conjunction with Art. 59 al. 1 StF, was cited to determine the finality of departmental decisions and the subsequent appeal routes.

JAAC 59.81 (Art. 74 let. c PA)

Dispute over temporary employment program contributions and salary limits.

Used to declare the appeal inadmissible because federal law does not grant a right to the contested federal contributions.

JAAC 58.78 (Art. 74 PA)

Federal Funding for Bus Line Requires Indispensability

This provision is cited to establish the competence of the Federal Council to hear the appeal.

JAAC 57.42 (Art. 102 Bst. c OG in Verbindung mit Art. 74 Bst. a VwVG)

Federal Council Dismisses Appeal on Discontinuation of Lower Secondary Education

Cited to exclude administrative court appeals in cases concerning cantonal school matters.

JAAC 55.29 (Art. 74 let. a PA)

Federal Council's Supervisory Role and Administrative Appeals for Building Permits

This provision is cited as a procedural ground for declaring the administrative appeal inadmissible because the Federal Court is the final instance for appealing cantonal decisions under Art. 24 RPG.

JAAC 52.32 (Art. 72 Bst. a und Art. 74 Bst. a VwVG)

Religious Association Denied Minister's Work Permit

Cited together with Art. 53 Abs. 3 BVO to establish the Federal Council's jurisdiction over appeals concerning federal contingent permits.