Facts
Josef Juchli, a resident of Zurich, repeatedly parked his car on a parking space equipped with a parking meter in Basel without paying the required fee. He was subsequently convicted by the President of the Police Court for repeated improper parking. Juchli then filed a constitutional complaint with the Federal Court, arguing that the installation of parking meters and the levying of parking fees were unlawful under federal law.
The Federal Court first had to clarify whether it was competent to assess the complaint or if it should be assessed by the Federal Council. After consulting the Federal Council, the Federal Court concluded that it was competent to assess the question of whether the levying of parking meter fees violates Article 71, Paragraph 6 of the Motor Vehicle Act (MVA).
Considerations
On the merits, the Federal Court decided that the installation of parking spaces with parking meters and the levying of fees for their use are compatible with the Federal Constitution. The parking meter fees do not constitute an inadmissible double taxation within the meaning of Article 71, Paragraph 6 MVA or Article 46, Paragraph 2 of the Federal Constitution, as they are not taxes but fees for the use of a public facility.
The…