Dismissal of the appeal against the refusal to fell protected trees under cantonal public law

Facts

On 5 February 2002, X. and Y., owners of a plot of land, filed an action against Z., owner of the neighboring property, based on Art. 684 of the Swiss Civil Code (CC). They complained of excessive emissions (deprivation of light and sunshine, artificial maintenance of excessive humidity) and concluded that the defendant be ordered to fell eight trees. The President of the Civil Court of the District of Eastern Vaud dismissed the claim, a decision confirmed by the Appeals Chamber of the Vaud Cantonal Court.

The Federal Tribunal dismissed the appeal for reform by the plaintiffs to the extent that it was admissible.

Considerations

The Court considered that the dispute should first be examined in the light of cantonal legislation, reserved by Art. 688 CC, Art. 684 CC only intervening in a subsidiary manner. The disputed plantations are protected by the Cantonal Law on the Protection of Nature, Monuments and Sites (LPNMS) and can only be the subject of actions if they cause serious harm, which was not the case here.

The Federal Tribunal ruled that cantonal public law is not subject to the reservation of…