173.36
LPA-VDLJPA
CH-VD
CH-VD
Art. 89 LOI sur la procédure administrative (LPA-VD) - Maxime d'office
Chapitre IV
Art. 89 LPA-VD · Maxime d'office
1. L'autorité n'est pas liée par les conclusions des parties.
2. Elle peut modifier la décision à l'avantage ou au détriment du recourant.
3. Dans ce dernier cas, elle l'en informe et lui impartit un délai pour se déterminer ou pour retirer son recours.
Décisions judiciaires appliquant cette disposition (69)
PS.2025.0043 · vd (art. 89 al. 2 et 3 LPA-VD)
Social Assistance Recipient Appeal Regarding Electricity Bill Coverage
Cited as the legal basis for concluding that the appeal against the advisory letter of March 31, 2025, was inadmissible because it was not a decision under Art. 3 LPA-VD.
GE.2024.0198 · vd (art. 89 al. 1 LPA-VD)
Cantonal Road Closure Upheld Against Resident Challenge
Cited in the reasoning to explain the court's power regarding the conclusions of the parties, which frames the decision in the dispositive.
PE.2023.0185 · vd (art. 89 al. 1 LPA-VD)
Restaurant Owner v. Immigration Authority (Work Permit Refusal)
Cited in the context of the court not being bound by the parties' conclusions.
FI.2023.0110 · vd (art. 89 al. 1 LPA-VD)
Parent-Child Loan Reclassified as Gift Taxable Upon Agreement
Cited to establish that the court is not bound by the conclusions of the parties.
PS.2023.0055 · vd (art. 89 al. 2 et 3 LPA-VD)
Social Assistance Overpayment Repayment Due to Bank Account Control
This provision was cited to justify the court's decision not to order a reformatio in pejus (modification to the detriment of the appellant).
PE.2023.0085 · vd (art. 89 al. 2 LPA-VD)
Foreign National Residence Permit Refusal Upheld Due to Asylum Procedure Exclusivity
Cited to declare the conclusion regarding the financial benefit inadmissible as it went beyond the scope of the decision under appeal.
FI.2022.0138 · vd (art. 89 al. 1 LPA-VD)
Taxpayers v. Tax Authority (Withholding Tax Refund Denial)
This procedural rule allowed the Court to reform the contested decision ex officio.
MPU.2022.0012 · vd (art. 89 al. 1 LPA-VD)
Public Works Contract Award Challenge Based on Altered Bid Schedule
The court relied on this article to assert its authority to reform the appealed decision ex officio, as the appeal was rejected but the decision was flawed.
AC.2021.0365 · vd (art. 89 al. 2 LPA-VD)
Property Owner v. Local Authority Regarding Internal Enlargement of Agricultural Residence
Procedural provision cited for remitting the file to the municipality to issue the building permit.
PE.2022.0003 · vd (art. 89 al. 1 LPA-VD)
Entry Ban Upheld Against Residence Permit for Late Family Reunification
Cited in the reasoning that the court is not bound by the parties' conclusions (general principle).
PE.2021.0152 · vd (art. 89 LPA-VD)
Kosovan National's Appeal Against Immediate Removal Rejected Due to Illegal Stay and Public Order Threat
Cited to justify that the court examined the law ex officio, which supported rejecting the need for legal assistance.
AC.2020.0145 · vd (art. 89 al. 2 LPA-VD)
Agricultural Owner Permitted Dwelling Enlargement for Wheelchair Accessibility Despite Zone Restrictions
Procedural basis for admitting the appeal and sending the file back to the authorities to issue the required special authorization.
FI.2019.0183 · vd (Art. 89 al. 2 et 3 LPA-VD)
Taxpayer Appeal Regarding Disallowed Vehicle Expenses Based on Schematic Ratio Method
Mentioned as the procedural rule allowing the authority to modify the decision to the detriment of the appellant after informing them, relating to the modification of the decision to the taxpayer's disadvantage.
FI.2020.0027 · vd (Art. 89 al. 2 LPA-VD)
Taxpayer Dependency Deduction for Brother Denied Due to Lack of Objective Indigence and Insufficient Support
Cited in the reasoning concerning the authority's power to modify the decision in appeal.
FI.2020.0027 · vd (Art. 89 al. 3 LPA-VD)
Taxpayer Dependency Deduction for Brother Denied Due to Lack of Objective Indigence and Insufficient Support
Cited in the reasoning concerning the authority's duty to inform the party before modifying a decision to their detriment.