Decision on free access to the forest according to Art. 699 Swiss Civil Code

Facts

Hermann Leemann is the owner of a parcel in Uster-Wermatswil that borders a strip of forest. In 1958 and 1961, he had this forest strip enclosed with a man-high fence in order to use it as a run for his riding horses and dogs. However, in 1966, the Directorate of Economic Affairs of the Canton of Zurich ordered him to remove the fence. Leemann filed an appeal against this with the Cantonal Government Council, which rejected it in 1966.

Leemann then filed a complaint with the Federal Council, which overturned the decision of the Cantonal Government Council with regard to Art. 3 of the Ordinance on the Federal Supervision of Forest Police. However, the question of the applicability of Art. 699 Swiss Civil Code was left to the Federal Supreme Court for assessment.

Considerations

The Federal Supreme Court states that Art. 699 Swiss Civil Code represents a so-called "dual norm" that contains both public law and private law provisions. Therefore, the administrative authorities of the Canton of Zurich were indeed entitled to apply and enforce this provision.

The Federal Supreme…