Procedural fine for vexatious conduct in administrative proceedings

ATA/540/1997Court of Justice / Administrative ChamberSep 9, 1997

Extracted by Omnilex

Omnilex summary

The decision concerns a procedural fine imposed on a party in administrative proceedings. The party continued to claim that it was still the owner and therefore had standing to act, although that was no longer the case for years. By maintaining this position, it unnecessarily prolonged the case. A fine of CHF 2,500 was imposed under Art. 88(1) LPA.

Omnilex headnote

Art. 88 al. 1 LPA; procedural fine for abusive or dilatory conduct in administrative proceedings. A party who persists, contrary to clear and longstanding facts, in asserting a procedural standing that it no longer has and thereby prolongs the proceedings may be sanctioned with a fine. The decisive factor is not merely the absence of merit in the assertion, but the vexatious character of the conduct and its effect on the duration and conduct of the case.

Full text

Descripteurs

PROCEDURE ADMINISTRATIVE; PROCEDE TEMERAIRE; AMENDE; TPE

Normes

LPA.88 al.1

Résumé

Amende de frs 2'500.- à l'encontre d'une "partie" qui se prétend encore propriétaire (et ayant comme tel qualité pour agir) et fait durer la procédure, alors que tel n'est plus le cas depuis des années.

Keywords

administrative procedurevexatious conductprocedural abusestandingfinedelay

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether a procedural fine was justified against a party for unnecessarily prolonging administrative proceedings by maintaining standing that it no longer had.

Extracted holding

A fine of CHF 2,500 was imposed because the party persisted in asserting ownership and standing despite the situation having been clear for years.

Extracted reasoning

The conduct was considered dilatory and vexatious within the meaning of Art. 88(1) LPA, as it needlessly prolonged the administrative process.

Procedural fine for vexatious conduct in administrative proceedingsAI generated