Question juridique clé
Whether the subsidiary constitutional complaint was admissible and the complainant had standing to challenge the remission denial.
Solution extraite
The complaint was admissible; although remission decisions were issued by the cantonal tax administration and not a higher cantonal court, the transitional rules still allowed direct subsidiary constitutional complaint, and the taxpayer had a legally protected interest because cantonal law conferred a possible entitlement to remission.
Motifs extraits
The court held that Art. 35(1) and Art. 42 BEZV clearly made remission mandatory when the statutory conditions were met, despite the discretionary wording of Art. 240 StG/BE. This created a legally protected interest under Art. 115(b) BGG.