Facts
Liechtenfelser Hof AG and Esco-Reisen AG filed a claim against the Canton of Basel-Stadt, as the latter had operated a so-called "consumption room" on public land belonging to it. The plaintiffs argued that the operation of the consumption room had led to excessive unlawful impacts on their properties, in particular through drug consumption and drug dealing. They demanded compensation for the costs they had incurred due to defensive measures such as surveillance, lighting, and fencing.
Considerations
The Federal Supreme Court concluded that the entry of drug addicts and drug dealers onto the plaintiffs' properties, where they injected and traded drugs, constituted an inadmissible impact within the meaning of Art. 684 of the Swiss Civil Code (ZGB). These impacts were to be described as excessive and thus inadmissible in terms of type, intensity, and duration.
The defendant was unable to demonstrate that the impacts were unavoidable or could only have been reduced with disproportionate…