830.1
ATSGLPGA
CH
CH
Art. 42 Bundesgesetz vom 6. Oktober 2000 über den Allgemeinen Teil des Sozialversicherungsrechts (ATSG) - Rechtliches Gehör
ATSG; 4. Kapitel: Allgemeine Verfahrensbestimmungen
Art. 42 ATSG · Rechtliches Gehör
Die Parteien haben Anspruch auf rechtliches Gehör. Sie müssen nicht angehört werden vor Verfügungen, die durch Einsprache anfechtbar sind.
Gerichtsentscheide zu dieser Bestimmung (821)
VVGE.2011.13.Nr.63 · ow (Art. 42 ATSG)
Employment Office Authority Over Work Suitability and Earnings Assessment
Cited to explain that parties are generally not heard before decisions appealable by objection, but exceptions exist.
VSBES.2003.217 · so (Art. 42 ATSG)
Violation of Right to Hearing in Supplementary Benefits Appeal Due to Insufficient Review
This provision was likely the basis for the procedural finding that the administrative decision failed to meet formal requirements regarding the reasoning obligation, leading to the judgment.
38.2025.32 · ti (art. 42 LPGA)
Unemployment Benefits Suspension for Insufficient Job Search Efforts
Cited as a procedural right upheld by the URC, but not in the final orders.
VSBES.2025.56 · so (Art. 42 ATSG)
Supplementary Benefit Denial Based on Shifting Asset Grounds Violates Procedural Fairness
Cited regarding the right to be heard in the objection procedure, providing background context.
A/72/2025 · ge (Art. 42 LPGA)
Engineer's Disability Appeal Denied for Pension Period Based on Rehabilitation Potential, Remanded for Waiting Benefit Determination
Cited in the reasoning regarding the right to be heard, which is applicable to the preliminary notice procedure.
B-1335/2024 (Art. 42 ATSG i.V.m. Art. 1 Abs.1 AVIG)
Employer Must Repay Short-Time Compensation Due to Falsified Work Records
These provisions grant the parties the right to be heard, including the right to access files and to a reasoned decision.
38.2025.30 · ti (art. 42 LPGA)
Appeal of Unemployment Benefit Suspension Due to Pre-Eligibility Job Search Requirements
Although cited in the reasoning (consid. 2.6) regarding the right to be heard, it does not appear in the dispositive orders themselves (Orders 1, 2, 3).
UV.2024.62 · sg (Art. 42 ATSG)
Disability Benefits Calculation Affirmation Based on Statistical Wage Data
Cited in the reasoning section as providing the legal basis for the right to be heard in social security law.
VBE.2024.521 · ag (Art. 42 ATSG)
Vocational Retraining Denied Due to Unsuitability of Proposed Role
Mandates that parties must be heard, which includes the right to adequate reasoning for decisions.
VBE.2024.513 · ag (Art. 42 ATSG)
Autism Benefits Denial Reversed Due to Insufficient Assessment
Guarantees the right to legal hearing.
VSBES.2024.103 · so (Art. 42 Satz 1 ATSG)
Appeal Dismissed: Insufficient Disability for Pension Despite Procedural Flaw
Cited in the reasoning regarding the right to legal assistance (rechtliches Gehör).
S 2023 89 · zg (Art. 42 ATSG)
Applicant v. Disability Insurance Office: Appeal for Increased Dependency Benefit
Cited in the reasoning section regarding the requirement for decision justification (but not explicitly in orders 1-5, thus excluded based on strict rule).
UV.2024.32 · sg (Art. 42 ATSG)
Appeal Granted in Part: Benefits Reinstated Pending External Expert Opinion Due to Procedural Violation
Cited in the reasoning regarding the right to be heard, but not explicitly in the dispositive orders.
VBE.2024.376 · ag (Art. 42 ATSG)
Unemployment Benefits Suspension Upheld for Insufficient Job Search
Cited to clarify that there is no obligation to grant a prior hearing before issuing a decision that can be appealed.
EL.2024.3 · sg (Art. 42 ATSG)
Violation of Right to be Heard in Child Asset Calculation Overturns Objection Decision
The core of the decision is to annul the contested decision due to a violation of the right to be heard, which is regulated by this article.