Kernrechtsfrage
Whether the concession fee for special use of public waters violated the equivalence principle and constitutional proportionality/willfulness limits.
Extrahierter Entscheid
The tariff-based fee was too high in the concrete case because the standard land-value formula ignored important usage differences and produced an excessive charge.
Extrahierte Begründung
The building only partly and differently used the water area; applying a uniform land-value-based formula to the whole area overstated the value of the concession. The lower court's partial reduction was still insufficient, and the former practice showed that a substantial reduction was necessary.