Glossary / Federal Supreme Court Procedure

Reformative decision

A reformative decision does more than quash the challenged ruling: it substitutes a new operative result. In Swiss Federal Supreme Court procedure, this is possible where the case is ready for judgment and no further fact-finding or discretionary assessment by the lower authority is needed. It can give the appellant immediate relief, such as a different order on the claim or legal consequence. The counterpart is a cassatory decision, which annuls and usually remands. Whether reform is appropriate depends on the state of the record and the nature of the legal error.

Defined in law

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Discussed in decisions

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