Question juridique clé
Whether Art. 75b and Art. 197 no. 9 Cst. applied to the permit issued on 18 December 2012
Solution extraite
Yes. The permit was issued after 11 March 2012 and before 1 January 2013, so the constitutional rules applied directly and made the permit annulable.
Motifs extraits
The Court relied on its prior leading cases and held that, before 1 January 2013, non-compliant second-home permits were not null but annulable; the relevant date is the date of issuance of the permit.