Facts
- In May 1934, the Société Anonyme des Hydrocarbures (hereinafter "the Company") requested the State Council of the Canton of Vaud to authorize it to conduct research on fuels other than coal, lignite, and peat in certain areas of the Vaud territory. This authorization was granted to it for a period of two years, renewable. - The agreement of April 1, 1935 between the Company and the State of Vaud provided for the renewal of the research permit for a period of two years. - Despite the amendment of the law in 1943 reducing the duration of the permit to three months, the State Council continued to renew the authorization every two years until 1953. - In 1954, the State Council decided to grant the Company a general and exclusive research authorization, but for a period of three months renewable, on a reduced perimeter compared to the one initially granted. - The Company appealed against this decision to the Federal Tribunal, considering that it infringed on its acquired rights under the 1935 agreement.Considerations
The Federal Tribunal considered that the guarantee of property is only violated when the administration infringes on private rights that are acquired and undisputed, and not when it merely discusses the existence or extent of a private right that is opposed to it. In this case, the State Council disputed the existence of the acquired rights that the Company claimed to have under the 1935 agreement.
According to the case law of the Federal Tribunal, when the administration disputes the…