Facts
The appellants [A.] and [B.] challenged the decision of the Malters Municipal Council, which had granted [C.] and [D.] a building permit for the relocation of an air/water heat pump on their property. The Lucerne Cantonal Court dismissed the appeal.
The appellants filed an appeal in public law matters with the Federal Supreme Court. They requested the annulment of the contested judgment and the refusal of the building permit, or alternatively the remittal of the case to the Cantonal Court for further clarification.
Considerations
The Federal Supreme Court held that the lower court had violated the environmental law precautionary principle by not requiring an examination of the technical feasibility and economic viability of indoor locations for the heat pump. This was necessary, even though the heat pump at the planned outdoor location…