Facts
The Federal Court had to decide whether the kiosk operation planned by the plaintiffs on the encumbered property violates the existing easement. The encumbered property now belongs to the plaintiffs, who want to build a cinema and install a kiosk there to sell newspapers, magazines, books, as well as tobacco products, chocolate, ice cream, and confectionery items. The defendants, the owners of the dominant property, object to the sale of goods such as chocolate, cigarettes, etc. in the kiosk, referring to the easement. The Court of Appeal had only allowed the plaintiffs to sell ice cream, fresh confectionery products, and baked goods in the kiosk, but not the sale of tobacco products, chocolate, biscuits, and sweets. The plaintiffs appealed against this judgment.Considerations
The Federal Court came to the following conclusion: 1. For the interpretation of the easement, the new (federal) law is generally decisive, as the plaintiffs acquired the encumbered property under the rule of the new law. The land register entry is decisive for the content of the easement against the good faith third-party acquirer. 2. The land register entry prohibits the operation of a "colonial goods" and "department store" business. The operation of a kiosk with the sale of newspapers, magazines, books, as well as tobacco products, chocolate, ice cream, and confectionery items does not violate this prohibition. The term "colonial goods store" does not include tobacco…