Acquisition of Real Estate by Persons Abroad

Facts

The Federal Office of Justice (FOFF) filed a complaint against the decision of the Administrative Court of the Canton of St. Gallen, which had revoked the requirement for biennial reporting on construction progress and financing. [A. AG] had acquired several properties from [B.] , some of which were located in the commercial-industrial zone and some in the green zone for nature conservation outside the building area. The Federal Supreme Court dismissed the FOFF's complaint.

Considerations

The Federal Supreme Court held that the acquisition of the properties was not subject to approval, as the exception for business premises under Art. 2 para. 2 lit. a of the Federal Act on the Acquisition of Real Estate by Persons Abroad (ANRA) applied. The disputed requirement for biennial reporting was not necessary to preserve the purpose of the law, as the financing did not constitute a…