Facts
The Federal Supreme Court ruled that the costs for cleaning streets and green spaces of carelessly discarded waste (so-called littering), for the disposal of the same, and for the disposal of waste left in public waste bins must be financed according to the requirements for municipal waste within the meaning of Art. 32a of the Environmental Protection Act (EPA). Financing from general tax funds is generally excluded, leaving only the form of causal fees.
The Federal Supreme Court held that property owners cannot generally be considered the originators of this waste and that its disposal therefore may not be financed through a basic fee for all property owners. However, a sufficient attribution link between property use and the disposal of waste on public land can be affirmed for certain businesses (e.g. take-away businesses), as these contribute significantly to the generation of waste disposed of in public spaces through their business concept. These businesses can be charged a proportionate share of the corresponding costs.
The remaining cost shares are to be borne by the community in its capacity as property owner and (secondary) originator within the meaning of Art. 32a EPA.
Considerations
The Federal Supreme Court essentially dismissed the appeal of the City of Bern. It held that the financing of the disposal of municipal waste disposed of in public spaces may not be done through a basic fee for all property owners. Rather, these costs…