Question juridique clé
Whether Art. 75b and Art. 197 no. 9 Cst. applied to the permit issued on 2012-10-17.
Solution extraite
Yes. The permit was issued after 2012-03-11 and before 2013-01-01, so the constitutional rules applied directly and made the permit voidable.
Motifs extraits
The Court relied on its 22 May 2013 case law: Art. 75b Cst. is directly applicable; before 2013-01-01, non-compliant permits are voidable rather than void.