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ATA/35/1998•Fine for vexatious challenge of enforcement decision
ATA/35/1998Court of Justice / Administrative ChamberJan 27, 1998
Extracted by Omnilex
The case concerns an administrative fine imposed on the appellant after she challenged, in first and last cantonal instance, the enforcement of a matter that had already been decided by the Federal Supreme Court. The extract indicates that the dispute turns on the application of Art. 88 para. 2 LPA and on whether such conduct may be treated as vexatious or procedurally abusive. No further procedural details, composition, date, or dispositive outcome can be reliably extracted from the provided material.
Art. 88 al. 2 LPA; sanction for vexatious or abusive procedural conduct in administrative proceedings: a monetary fine may be imposed where a party, by its submissions, knowingly or recklessly pursues a procedure devoid of any serious prospect of success and thereby obstructs the proper administration of justice. The assessment focuses on the objective frivolousness of the filing and the litigant’s conduct in the concrete circumstances; prior definitive adjudication of the matter is a relevant indicator of abusiveness. Whether the conduct warrants a fine depends on the seriousness of the abuse and the procedural context.
Descripteurs
PROCEDURE ADMINISTRATIVE; PROCEDURE; AMENDE; PROCEDE TEMERAIRE; TPE
Normes
LPA.88 al.2
Résumé
Amende infligée à la recourante pour avoir contesté, en 1ère et dernière instance cantonale, une décision d'exécution d'une décision précédemment tranchée par le Tribunal fédéral.
Extracted by Omnilex
Whether a fine could be imposed for contesting an enforcement decision already finally decided by the Federal Supreme Court.
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