Facts
The dispute concerns the application of a cantonal law of Fribourg on the promotion of the construction of social housing. According to this law, the landlord can charge certain costs related to the existence of the building (insurance premiums and property taxes) to the tenants as "ancillary costs", even for buildings that do not benefit from federal aid within the meaning of the Federal Act on the Promotion of the Construction and Ownership of Housing (LCAP).
The tenants contested this practice, arguing that it violates Articles 257a and 257b of the Code of Obligations (CO), which exhaustively define the ancillary costs that can be charged to them. The Federal Tribunal had to examine whether the cantonal law was in conformity with the principle of the overriding effect of federal law.
Considerations
The Federal Tribunal considers that Articles 257a and 257b CO, which define the ancillary costs in an imperative manner, also apply to buildings that do not benefit from the federal aid provided for by the LCAP. The cantonal law of Fribourg, by allowing the charging of costs related to the existence of the building to the tenants, therefore circumvents these federal provisions.
Whether the cantonal law falls under public law or private law, it is contrary to the principle of the overriding effect of federal law. Indeed, the…