Questão jurídica principal
Whether Helvetia Nostra had standing to appeal the construction permit
Decisão extraída
Yes. As an organization entitled to appeal under nature and landscape protection law, it could challenge a permit involving a federally assigned task.
Fundamentação extraída
The permit for a secondary residence falls within a task of the Confederation because Art. 75b Cst. is directly applicable and aims at landscape protection; therefore the association’s appeal right under Art. 12(1)(b) LPN applies.