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Art. 62 – Amendment of the contested ruling

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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.

Legal act context
SR 172.021 · APA · Federal act · Federal Act of 20 December 1968 on Administrative Procedure (Administrative Procedure Act, APA)
Structure path
Section 3 Appeal Procedure in General J. Appeal decision II. Amendment of the contested ruling
Language
English (en)
Data status
2022-07-01

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