Administrative Procedure Act (APA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
A. Principle
Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
Art. 44
Any ruling shall be subject to an appeal.
B. Appeal against interim orders
I. Interim orders on jurisdiction and recusal
Art. 45
1 An appeal is permitted against separately notified interim orders on jurisdiction and on requests for recusal. 2 These rulings may not be contested at a later date.
Art. 45 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
II. Other interim orders
Art. 46
1 An appeal is permitted against other separately notified interim orders: a. if they may cause a non-redressable prejudice; or b. if granting the appeal would immediately bring about a final decision and thus would obviate significant expenditure in time or money in prolonged evidentiary proceedings. 2 If an appeal under paragraph 1 is not permitted or if such right of appeal has not been exercised, the interim orders concerned shall be contestable by appeal against the final ruling, provided they have an effect on the content of the final ruling.
Art. 46 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
Bbis. Denial of justice and unjustified delay
Art. 46a
An appeal may be filed against the unlawful refusal of or delay in issuing a contestable ruling.
Art. 46a — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
C. Appellate authorities
Art. 47
1 The appellate authorities are: a. the Federal Council under Articles 72 ff.; b. the Federal Administrative Court under Articles 31–34 of the Administrative Court Act of 17 June 2005; c. other authorities that are designated as appellate authorities by a federal act; d. the supervisory authority if an appeal to the Federal Administrative Court is incompetent and federal law does not designate any other appellate authority. 2 If an appellate authority not responsible for the final decision has issued an instruction in an individual case that a lower instance should decide or has issued that instance with instructions on the content of that decision, the ruling must be referred directly to the next highest appellate authority; attention must be drawn to the foregoing in the instructions on legal remedies. 3 ... 4 Instructions that an appellate authority issues if it decides in the case and refers the same back to the lower instance are not regarded as instructions within the meaning of
Para. 1 let. b — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 1 let. b — SR 173.32 Para. 1 let. c — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 1 let. d — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001
Art. 47a
Inserted by Annex No 1 of the Government and Administration Organisation Act of 21 March 1997 (AS 1997 2022; BBl 1996 V 1). Repealed by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
D. Locus standi
Art. 48
1 A right of appeal shall be accorded to anyone who: a. has participated or has been refused the opportunity to participate in proceedings before the lower instance; b. has been specifically affected by the contested ruling; and c. has a interest that is worthy of protection in the revocation or amendment of the ruling. 2 Persons, organisations and authorities who are granted a right of appeal by another federal act shall also be entitled to appeal.
Art. 48 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
E. Grounds of appeal
Art. 49
In the appeal, the appellant may contend that: a. there has been a violation of federal law including the exceeding or abuse of discretionary powers; b. there has been an incorrect or incomplete determination of the legally relevant facts of the case; c. the ruling is inadequate; a plea of inadequacy is inadmissible if a cantonal authority has ruled as the appellate authority.
F. Period for filing an appeal
Art. 50
1 The appeal must be filed within 30 days of notification of the ruling. 2 An appeal may be filed at any time against the unlawful refusal of or delay in issuing a ruling.
Art. 50 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
G. Appeal petition
I. ...
Art. 51
Repealed by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
II. Content and form
Art. 52
1 The appeal petition must contain the application, the grounds of appeal with details of the evidence and the signature of the appellant or his agent; the official copy of the contested ruling and documents cited as evidence must be attached, provided they are in the appellant’s possession. 2 If the appeal fails to satisfy these requirements, or if the application made by the appellant or the grounds therefor lack the required clarity but the appeal is not clearly inadmissible, the appellate authority shall grant the appellant a short additional period to revise the appeal petition. 3 It shall at the same time notify the appellant that if there is not response within the additional period, it shall decide on the basis of the case files or in the absence of an application, grounds or a signature, to declare the appeal inadmissible.
III. Supplementary appeal petition
Art. 53
If the unusual complexity or special difficulty of an appeal case so requires, the appellate authority shall grant an appellant who so requests in his otherwise properly filed appeal a suitable additional period within which to supplement his grounds of appeal; in such cases, Article 32 paragraph 2 does not apply.
H. Other procedural rules prior to the appeal deci
I. Principle
Art. 54
The right to deal with the case that is the subject of the ruling being contested on appeal is assigned to the appellate authority when the appeal is filed.
II. Precautionary measures
1. Suspensive effect
Art. 55
1 An appeal shall have a suspensive effect. 2 If the ruling does not relate to the payment of money, the lower instance may revoke the suspensive effect of any appeal in its ruling; once the appeal has been filed, the appellate authority, its president or the instructing judge has the same power. 3 The appellate authority, its president or the instructing judge may reinstate the suspensive effect revoked by the lower instance; an application for the reinstatement of the suspensive effect must be decided immediately. 4 If the suspensive effect is revoked arbitrarily or an application for the reinstatement of the suspensive effect is arbitrarily not granted or granted late, the public corporation or autonomous institution on whose behalf the authority has issued the ruling shall be liable for any loss or damage incurred thereby. 5 The provisions of other federal acts under which an appeal does not have a suspensive effect are reserved.
Para. 2 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 3 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 5 — Inserted by No 5 of the Annex to the Insurance Supervision Act of 23 June 1978, in force since 1 Jan. 1979 (AS 1978 1836; BBl 1976 II 873).
2. Other measures
Art. 56
Once the appeal has been filed, the appellate authority, its president or the instructing judge may take other precautionary measures ex officio or in response to an application by a party, in ruling to preserve the current situation or to temporarily safeguard interests that are at risk.
Art. 56 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
III. Exchange of written submissions
Art. 57
1 The appellate authority shall immediately notify the lower instance and any respondents or other parties involved of any appeal that is not fundamentally inadmissible or groundless, allow them a period within which to respond and at the same time request the lower instance to produce its case files. 2 It may invite the parties to exchange written submissions at any stage of the proceedings or arrange an oral debate with them.
Para. 1 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
IV. New ruling
Art. 58
1 The lower instance may reconsider its contested ruling at any time prior to making a formal response to the appeal. 2 It shall notify the parties immediately of any new ruling and inform the appellate authority of the same. 3 The appellate authority shall proceed with the appeal unless it is rendered groundless by the new ruling of the lower instance; Article 57 applies if the new ruling is based on facts that are substantially different or creates a legal position that is substantially different.
V. Recusal
Art. 59
The appellate authority may not appoint persons to hear the appeal who serve the lower instance or who participated in the drafting of the contested ruling; if the contested ruling is based on an instruction from the appellate authority, Article 47 paragraphs 2–4 also apply.
VI. Procedural penalties
Art. 60
1 The appellate authority may issue a reprimand to or impose a disciplinary fine of up to 500 francs on parties or their representatives who offend against the propriety or disrupt the conduct of the proceedings. 2 In cases of vexatious or irresponsible litigation, the party and his representative may be issued with disciplinary fine of up to 1000 francs or of up to 3000 francs in the event of reoffending. 3 The person presiding over a hearing may have persons who refuse to comply with his instructions removed from the room and may impose a disciplinary fine of up to 500 francs.
Art. 60 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
J. Appeal decision
I. Content and form
Art. 61
1 The appellate authority shall itself make the decision in the case or in exceptional cases shall refer the case back to the lower instance and issue binding instructions. 2 The appeal decision shall contain a summary of the relevant facts of the case, a statement of the grounds for the decision and the operative part of the decision. 3 Notification of the decision must be given to the parties and the lower instance.
II. Amendment of the contested ruling
Art. 62
1 The appellate authority may amend the contested ruling in favour of a party. 2 It may amend the contested ruling to the prejudice of a party, provided the ruling violates federal law or is based on an incorrect or incomplete determination of the facts of the case; the contested ruling may not be amended to the prejudice of a party on the grounds that it is inadequate, other than in the case of an amendment in favour of a respondent. 3 If the appellate authority intends to amend the contested ruling to the prejudice of a party, it shall notify the party of this intention and allow him the opportunity to respond. 4 In no event do the grounds for the application bind the appellate authority.
III. Procedural costs
Art. 63
1 In its judgment, the appellate authority shall normally impose the procedural costs, consisting of the authority's own fees, the registrar’s fees and cash outlays on the unsuccessful party. If the party is only partly unsuccessful, the procedural costs shall be reduced. In exceptional cases, they may be remitted. 2 No procedural costs shall be imposed on lower instances or appellant federal authorities that are unsuccessful; persons other than federal authorities that file an appeal and are unsuccessful shall be required to pay procedural costs provided the dispute relates to the pecuniary interests of public corporations or autonomous institutions. 3 Procedural costs may only be imposed on a successful party if the costs were incurred through a violation of procedural duties. 4 The appellate authority, its president or the instructing judge shall obtain from the appellant an advance payment to cover costs equivalent to the expected level of the costs. The appellant must be allowed a
Para. 4 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 4bis let. b — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 5 — Amended by Annex No 10 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 5 — SR 173.32 Para. 5 — SR 173.7
IV. Reimbursement of representation costs
Art. 64
1 The appellate authority may award the successful party ex officio or on application a payment in respect of all or part of the costs that he has incurred that were reasonable and necessary. 2 The award shall be quantified in the decision and imposed on the public corporation or autonomous institute in whose name the lower instance issued its ruling, unless it may be imposed on an unsuccessful respondent. 3 It may be imposed on an unsuccessful respondent, depending on his ability to pay, provided the party participated in the proceedings by filing an independent application. 4 The public corporation or autonomous institution in whose name the lower instance issued its ruling shall be liable for the payment of an award imposed on an unsuccessful respondent in the event that it is found to be unrecoverable. 5 The Federal Council shall regulate the calculation of the award. Article 16 paragraph 1 letter a of the Administrative Court Act of 17 June 2005 and Article 73 of the Law Enforceme
Para. 5 — Amended by Annex No 10 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 5 — SR 173.32 Para. 5 — SR 173.71 Para. 5 — Second sentence amended by Annex No II 3 of the Law Enforcement Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).
V. Legal aid
Art. 65
1 After the appeal has been filed, the appellate authority, its president or the instructing judge shall on request relieve a party who does not have the required financial means of the requirement to pay procedural costs, unless his application appears to have no prospect of success. 2 If it is necessary in order to safeguard his rights, the appellate authority, its president or the instructing judge shall appoint a lawyer to represent the party. 3 The liability for the lawyer's costs and fees is determined in accordance with Article 64 paragraphs 2–4. 4 If the party later acquires sufficient financial means, he shall be required to reimburse the public corporation or autonomous institution that has paid the lawyer's fees and costs. 5 The Federal Council shall regulate the assessment of fees and costs. Article 16 paragraph 1 letter a of the Administrative Court Act of 17 June 2005 and Article 73 of the Law Enforcement Authorities Act of 19 March 2010 are reserved.
Para. 1 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 2 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 5 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 5 — SR 173.32 Para. 5 — SR 173.71 P
K. Review
I. Grounds
Art. 66
1 The appellate authority shall review their decision ex officio or on the application of a party if the decision has been influenced by a felony or misdemeanour. 2 It shall also review its decision on the application of a party if: a. the party introduces relevant new facts or evidence; b. the party demonstrates that the appellate authority overlooked relevant facts that were on record or specific applications; c. the party demonstrates that the appellate authority violated the provisions of Articles 10, 59 or 76 on recusal, Articles 26–28 on the inspection of files or the Articles 29–33 on the right to be heard; or d. the European Court of Human Rights has held in a final judgment that there has been a violation of the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms (ECHR) or of the protocols thereto, or if the case has been concluded by means of a friendly settlement (Art. 39 ECHR), provided an award of damages is not sufficient to remedy th
Art. 66 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 2 let. d — Amended by Annex No 1 of the FA of 1 Oct. 2021, in force since 1 July 2022 (AS 2022 289; BBl 2021 300, 889). Para. 2 let. d — SR 0.101
II. Application
Art. 67
1 The application for a review must be filed with the appellate authority within 90 days of becoming aware of the grounds for a review, but at the latest within 10 years of receipt of written notification of the appeal decision. 1bis In the case referred to in Article 66 paragraph 2 letter d, the application for a review must be filed within 90 days of the relevant judgment of the European Court of Human Rights under Article 44 the European Convention on Human Rights of 4 November 1950 taking full legal effect. 2 If 10 years have elapsed since notification of the appeal decision, an application for a review is only admissible on the grounds cited in Article 66 paragraph 1. 3 The content, form, correction and amendment of the application for a review are governed by Articles 52 and 53; the statement of grounds must in particular indicate the grounds for the review and confirmation that the application for a review has been filed in time. This must also contain the application in the eve
Para. 1 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 1bis — SR 0.101 Para. 1bis — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
III. Decision
Art. 68
1 If the appellate authority decides to admit the application for a review and if it regards the same as justified, it shall revoke the appeal decision and make a new decision. 2 Articles 56, 57 and 59–65 also apply to the consideration of the application for a review.
L. Explanatory statement
Art. 69
1 The appellate authority shall at the request of any party explain the appeal decision if there are any inconsistencies or contradictions in the operative part of the decision or between the operative part and the statement of grounds. 2 A new period for filing an appeal begins from the date of the explanatory statement. 3 Typographical or arithmetical errors or administrative omissions that have no influence on the decision or on the essential content of the grounds may be corrected by the appellate authority at any time.
M. Special forms of appeal
I. ...
Art. 70
Repealed by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
II. Complaint to a supervisory authority
Art. 71
1 Anyone may at any time report matters to the supervisory authority that require action to be taken ex officio in the public interest against an authority. 2 The person making the report does not have the rights of a party.