Facts
In 1971, Osmo AG acquired a real estate parcel in Celerina/Schlarigna without obtaining the required authorization for the acquisition of real estate by persons domiciled abroad. In 1982, the land registry office determined that this acquisition was subject to authorization and refused to grant it. The Canton of Grisons then initiated an action for the restoration of the initial legal status or the public auction of the property illegally acquired by Osmo AG. The cantonal courts granted this action.Considerations
The FC (Federal Court) ruled that the statute of limitations for the action for restitution or public auction had not been acquired as of February 1, 1979, despite the fact that the illegal acquisition dated back to 1971. Although the former law ("Lex von Moos") provided for a statute of limitations of 10 years, the new law ("Lex Furgler") in force since February 1, 1974 had reduced this period to 5 years. However, the FC considered that this 5-year period should be increased by the time elapsed between the illegal acquisition and the entry into force of the new law, so that the…