Facts
The municipality of Arosa has a billboard monopoly on public and private property, which reserves the right to post billboards throughout the municipality's territory. The billboard company AWI AG and the landowner A. submitted a request for a billboard location on private property, which was rejected by the municipality. The Administrative Court of the Canton of Grisons overturned the municipality's decision and referred the matter back for the issuance of a building permit.
The municipality of Arosa filed a constitutional complaint against the Administrative Court's decision, arguing that the billboard monopoly on private property is constitutional and does not violate economic freedom.
Considerations
The Federal Court dismissed the municipality of Arosa's constitutional complaint. It found that the billboard monopoly on private property is a disproportionate interference with economic freedom, as it disproportionately restricts landowners and billboard companies.
The court also found that…