Fine reduced for storing tires on agricultural land

ATA/443/1997Corte di giustizia / Camera amministrativa5 ago 1997Modified

Estratto da Omnilex

Sintesi Omnilex

The court dealt with a fine imposed for leaving tires in deposit on a parcel located in an agricultural zone. Applying Art. 137 LCI, it held that the infringement was established but that the sanction was too severe. The fine was therefore reduced from CHF 20,000 to CHF 2,500.

Massima Omnilex

Art. 137 LCI; fine for unlawful use or occupation of land in a protected zoning context; the penalty must remain proportionate to the gravity of the breach and the concrete circumstances. Even where the infringement is established, the sanction may be reduced where the original amount exceeds what is justified by culpability and the objective seriousness of the deposit or occupation. In assessing proportionality, the court may moderate the fine while confirming the violation (consid. not stated).

Testo completo

Descripteurs

ZONE AGRICOLE; ENTREPOT; AMENDE; TPE

Normes

LCI.137

Résumé

Amende réduite de CHF 20'000.-- à CHF 2'500.-- pour avoir laissé des pneus en dépôt sur une parcelle en zone agricole.

Parole chiave

agricultural zonestoragetiresfineproportionalityzoning

Estratto da Omnilex

Questioni giuridiche chiave estratte da Omnilex

Questione giuridica chiave

Whether the fine for depositing tires on agricultural land should be reduced under Art. 137 LCI.

Decisione estratta

The fine was excessive and had to be reduced to CHF 2,500.

Motivazione estratta

The court accepted the violation but considered the original amount disproportionate in light of the circumstances of the unlawful storage in agricultural zone land.

Fine reduced for storing tires on agricultural landGenerato dall'IA