Questione giuridica chiave
Whether the appeal remained pending after the authority issued a new decision in the appellant's favor
Decisione estratta
The authority could replace its prior decision, and because the new decision fully granted the appellant's request, the case had become moot.
Motivazione estratta
Under Art. 53(3) LPGA and Art. 83 LPA-VD, the respondent may reconsider and issue a new decision benefiting the appellant before its submissions to the court. The rectificative decision annulled the challenged decision and removed the unfitness declaration, leaving no live controversy.