Art. 50 Gerichtsgesetz (GerG) - Richterliche Unabhängigkeit

BZ.2010.32 · sg (Art. 50 Abs. 2 GerG)

Contractor Penalty and Collective Agreement Violation Appeal

Cited in the reasoning concerning the binding nature of the court's previous ruling on the lower instance upon re-examination, though the court ultimately applied a broader principle of self-binding.

BZ.2010.32 · sg (Art. 50 Abs. 2 GerG)

Contractor Penalty Enforcement and Default Interest Calculation in Construction Collective Bargaining Dispute

Cited in the reasoning regarding the court's binding nature following a prior referral decision, which sets the procedural context for the current review.

BZ.2006.46 · sg (Art. 50 Abs. 2 GerG)

Owner v. Architect Appeal Following Remand

Cited as the legal provision concerning the lower court's binding to the legal view expressed in the remand decision (though the court finds self-binding applies to itself).

BZ.2006.46 · sg (Art. 50 Abs. 2 GerG)

Client v. Architect: Damages, Outstanding Fees, and Appeal Following Remand

Cited regarding the binding nature of the court's legal view in a remand decision, although the primary analysis in the decision (Erw. III) is based on judicial self-binding principle.

BZ.2003.60 · sg (Art. 50 Abs. 2 GerG)

Diagnostic Error Damages Calculation and Social Security Regress

This provision establishes the binding nature of the instructions given by the higher court (Kassationsgericht) upon remitting the case for a new decision.

BZ.2003.60 · sg (Art. 50 Abs. 2 GerG)

Hospital Diagnostic Error Damages Reassessment with Regress Calculation

Cited as the basis for the Cantonal Court's obligation to follow the mandatory instructions given by the Cassation Court in the remand decision.