Federal Act
on Administrative Procedure
(Administrative Procedure Act, APA)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; or

d.¹¹⁹

the European Court of Hu­man Rights has held in a fi­nal judg­ment that there has been a vi­ol­a­tion of the Con­ven­tion of 4 Novem­ber 1950¹²⁰ 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.