Lexipedia

Reformative decision

A judgment that directly changes the contested decision and replaces it with a new outcome, rather than merely annulling and remanding.

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.