The most important conditions and information for making electronic submissions (e.g. appeals, requests for deadline extensions or opinion statements, including enclosures) to the Federal Administrative Court in accordance with Art. 21a of the Federal Act on Administrative Procedures (APA) and the Procedural Regulations of the Federal Administrative Court of 16 June 2020 regarding Electronic Legal Transactions with Parties (ERV-BVGer, SR 173.320.6) are summarised below.
National treaty law and special statutory provisions remain reserved (cf. e.g. for procedures pursuant to the Federal Act on General Aspects of Social Security Law [GSSLA, SR 830.1]: Art. 55 para. 1bis GSSLA).
The full, binding formal and substantive requirements for electronic submissions can be found in the corresponding legal bases (cf. list of important decrees at the end).
Before the party or their representation can submit a document to the court electronically by the stipulated deadline, they must
- have a qualified electronic signature (for recognised providers, see the information available via this link),
- have access to software for creating and signing PDF files, and
- be registered with a recognised delivery platform, currently IncaMail or PrivaSphere, and able to use it for sending documents to the official delivery address of the Federal Administrative Court (firstname.lastname@example.org)
! If you have any queries or concerns about acquiring and applying electronic signatures, creating PDF files or using the delivery platforms, please contact the relevant provider.
To make an electronic submission (e.g. appeals, requests for deadline extensions or opinion statements, including enclosures), the following steps must be followed:
- All documents to be submitted to the court electronically must be produced in PDF format. They must be clearly named and numbered if required (e.g. Appeal.pdf, Enclosure.pdf, Opinion1.pdf, Opinion2.pdf).
- The qualified electronic signature of the party or their representation must be applied to the PDF documents, which require a signature.
- The PDF documents must be sent to the official delivery address of the Federal Administrative Court (email@example.com) via IncaMail or PrivaSphere by the stipulated deadline.
! E-mails that do not meet these formal requirements are not valid.
Further important information:
- Parties still need to inform the court of their place of residence or delivery address in Switzerland (postal address). If it is permitted under international law or by the responsible foreign authority to send written documents directly to the state in question, it is sufficient to provide a delivery address abroad.
- A submission receipt as evidence that the documents were submitted by the deadline (Art. 21a para. 3 APA and Art. 6 ERV BVGer) will only be issued for certain delivery methods on the delivery platforms. It is also important to bear in mind the maximum limits for the amount of data that can be transferred via the delivery platforms. If you have any questions, please contact the delivery platform provider.
- In terms of the substantive requirements for appeals, Art. 52 para. 1 APA must be taken into account.
- It is still possible and permitted to submit documents and enclosures in writing (physically) for the attention of the Federal Administrative Court by the stipulated deadline, for example by post or by handing the documents in to a Swiss representation abroad, in accordance with the provisions of the APA.
- Court documents (e.g. interim rulings, judgments, notifications) produced by the Federal Administrative Court are to be sent to the parties in non-electronic form, usually by post.