Facts
The Federal Court had to rule on a complaint in public law matters against the Government Council and the Cantonal Council of the Canton of Zurich. The complainants, A. and B., requested the repeal of the new provisions of § 10b para. 3 EnerG/ZH and § 18 para. 1 EnerG/ZH, insofar as they penalize the violation of § 10b EnerG/ZH. The complainants argued that the two provisions violate the property guarantee.
The Canton of Zurich had enacted an amendment to the cantonal Energy Act of June 19, 1983 (EnerG) on April 19, 2021, which included the prohibition of electric heating systems and the penalty for non-compliance. The legislative amendment was approved by the voting population on November 28, 2021.
The complainants argued that the prohibition of electric heating systems and the penalty for non-compliance infringe their property guarantee, as they would be forced to replace their existing electric heating systems, which would result in significant costs for them.
Considerations
The Federal Court examined whether the prohibition of electric heating systems and the penalty for non-compliance constitute an infringement of the property guarantee and whether this infringement is proportionate. The Court found that the prohibition of electric heating systems and the penalty for non-compliance pursue a public interest in environmentally friendly energy use and sufficient energy supply.
The Court found that the prohibition of electric heating systems and the penalty for non-compliance are proportionate, as they are suitable and necessary to pursue the public interest in environmentally friendly energy use and sufficient energy supply. The Court found that there are no milder measures that could achieve the same goal and that the renovation period until…