Questione giuridica chiave
Whether Art. 75b and Art. 197 ch. 9 Cst. apply to a building permit for a second residence issued on 2012-12-10.
Decisione estratta
Yes. A permit issued after 2012-03-11 but before 2013-01-01 is subject to Art. 75b Cst.; if the commune already exceeds the 20% threshold, the permit is annulable.
Motivazione estratta
The Court applied its earlier leading cases and held that Art. 75b Cst. is directly applicable from 2012-03-11, while the transitional nullity under Art. 197 ch. 9 al. 2 Cst. only applies from 2013-01-01 onward. Thus a permit issued on 2012-12-10 is not null but annulable.