Federal Supreme Court Decision on the Admissibility of an Appeal against a Cantonal Zoning Plan

Facts

The Department of Public Works and Energy of the Republic and Canton of Geneva has developed a draft law modifying the zoning limits on the territory of the municipality of Laconnex. The World Wide Fund For Nature - WWF Switzerland, represented by the WWF-Geneva Section (hereinafter: the WWF), filed an objection criticizing the creation of a sports zone. The Grand Council adopted the law by rejecting the WWF's objection.

The WWF filed a public law and administrative law appeal with the Federal Supreme Court, requesting the annulment of the law. The Federal Supreme Court declared the appeal inadmissible and referred the matter to the Administrative Court of the Republic and Canton of Geneva.

Considerations

The Federal Supreme Court examined the admissibility of the administrative law appeal. According to case law, a decision relating to a zoning plan can be the subject of an administrative law appeal when the application of federal environmental protection law is at stake.

However, in accordance with Art. 102 let. d OJ, the administrative law appeal is not admissible when another cantonal appeal route is available. In this case, the Geneva cantonal law assigns the Grand Council the competence to rule on objections to…