Question juridique clé
Whether Arts. 75b and 197 no. 9 Cst. applied to the building permit issued on 9 August 2012.
Solution extraite
Yes. The constitutional provisions were directly applicable to permits issued after 11 March 2012; before 1 January 2013 such permits were voidable, not automatically void.
Motifs extraits
The Court relied on its 22 May 2013 leading cases and held that the relevant date is the permit's issuance. Because this permit was issued after the initiative's entry into force and before the transitional nullity date, it had to be assessed under Art. 75b Cst.