Questão jurídica principal
Whether the commune could invoke constitutional and ECHR guarantees against the ESR fee decision.
Decisão extraída
The commune was entitled to bring the public-law complaint because the fee decision affected it like a private debtor of a public-law charge.
Fundamentação extraída
Although public entities usually cannot invoke constitutional rights, the exception applies when they are burdened as debtors of taxes or fees in a position comparable to private persons.