Kernrechtsfrage
Whether the disputed parcel in the Sömmerungsgebiet had to be classified as permanent grassland and farmland for direct payments.
Extrahierter Entscheid
No. The parcel was correctly classified as Sömmerungsfläche; further changes of use were excluded.
Extrahierte Begründung
The lower courts found the land had been used primarily as summer grazing from 1994 to 2003, with less than one hectare mown for winter fodder. The 1965 alpine cadastre did not override the later long-term factual use. Because the area belonged to the Sömmerungsgebiet, Art. 19 paras. 5 and 6 LBV did not apply.