Question juridique clé
Whether the cantonal court violated municipal autonomy by reducing a concession fee that was calculated according to the municipal regulation.
Solution extraite
The reduction went too far; the fee set under the municipal regulation did not show an obvious disproportionality and the municipality’s autonomy was violated.
Motifs extraits
The equivalence principle allows correction only where the lawful fee leads to an intolerable disparity. Here the regulated formula already reflected the limited benefit and the use of the public ground, and the high amount was explained by the exceptional land values on Bahnhofstrasse.