Facts
X. is the owner of two contiguous parcels in Vernier, classified as residential zone (villa zone) since 1952. These plots are located in the vicinity of Geneva International Airport. In 2002, X. requested compensation for material expropriation from the Federal Valuation Commission, arguing that the restrictions provided for by federal environmental protection legislation (in particular Art. 31 NPA) had rendered his parcels unsuitable for residential construction. The Federal Valuation Commission acknowledged its competence and recognized X.'s right to compensation. The Canton of Geneva appealed this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court upheld the appeal and annulled the decision of the Federal Valuation Commission. It considered that the Commission lacked jurisdiction to rule on X.'s claims for material expropriation. Indeed, when compensation is claimed due to the application of Art. 22 EPA (which results in a refusal of a building permit), the situation is analogous to a rezoning of a building plot, for which the competence lies with the…