Appeal rejected for lack of cooperation

ATA/591/1997Corte di giustizia / Camera amministrativa30 set 1997Dismissed

Estratto da Omnilex

Sintesi Omnilex

The case concerned an administrative appeal in a construction/installation matter involving agricultural land. The appellant failed to cooperate by not supplying the required information or documents. Invoking the duty of cooperation, the court rejected the appeal without entering into the merits.

Massima Omnilex

LPA 24 al. 2; duty of cooperation in administrative proceedings: where a party, although required to do so, fails to cooperate by producing the information or documents necessary for the establishment of the facts, the authority may draw adverse procedural consequences. The party bears the procedural risk of non-cooperation and may not prevent the determination of the case by withholding the relevant elements; dismissal of the appeal is justified when the lack of cooperation obstructs the review (consid. not stated).

Testo completo

Descripteurs

PROCEDURE ADMINISTRATIVE; CONSTRUCTION ET INSTALLATION; ZONE AGRICOLE; TERRAIN; AMENDE; DEVOIR DE COLLABORER; TPE

Normes

LPA.24 al.2

Résumé

Recours rejeté vu le défaut de collaboration du recourant (8 CCS).

Parole chiave

administrative procedureconstructionagricultural zonecooperation dutyappealfine

Estratto da Omnilex

Questioni giuridiche chiave estratte da Omnilex

Questione giuridica chiave

Whether the appeal had to be rejected because the appellant failed to cooperate with the authority and court.

Decisione estratta

Yes. The court rejected the appeal because the appellant did not fulfill its duty to cooperate, preventing proper examination of the case.

Motivazione estratta

The court relied on the duty of cooperation and considered that the appellant’s failure to provide the necessary elements justified dismissal of the appeal.

Appeal rejected for lack of cooperationGenerato dall'IA