Question juridique clé
Whether the canton is liable in damages under § 2 Abs. 1 VG for delayed collection of source taxes
Solution extraite
Yes. The tax authorities breached protective procedural duties, causing an unlawful and adequately causal loss for the municipality.
Motifs extraits
The authorities failed for years to determine the tax factors, to make timely assessments, to invoice monthly, and to use enforcement tools. Those duties served to secure municipal tax revenues, so the canton had a protective duty toward the municipality.