Art. 66 APA from 2022
Art. 66 K. Review I. Grounds (1)
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; ord. (2) 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 (3) 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 the consequences of the violation and the review is necessary in ruling to redress the violation.
3 The grounds referred to in paragraph 2 letters a–c are not regarded as grounds for a review if the party had the opportunity to invoke them in the course of proceedings prior to the appeal decision, or by means of an appeal that he was entitled to bring against the appeal decision.
(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]).
(2) 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]).
(3) [SR 0.101]
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
