Decision on the Admissibility of a Judicial Parking Prohibition on Private Postal Premises

Facts

The case concerns a complainant who had parked his passenger vehicle for 37 minutes in one of the 6 parking spaces in front of the post office in Liestal, although a judicial parking prohibition with a maximum parking duration of 15 minutes was in effect there. The President of the Criminal Court of the Canton of Basel-Landschaft subsequently fined the complainant for violating the judicial prohibition. The Cantonal Court of Basel-Landschaft upheld the conviction on appeal.

The complainant then filed a nullity appeal and a constitutional appeal with the Federal Supreme Court. He argued that the Post should have taken the administrative law route under Art. 2 para. 5 RTA and Art. 111 para. 2 RSO to issue traffic restrictions on its premises instead of the judicial prohibition.

Considerations

The Federal Supreme Court dismissed the appeals. It stated that the Post, as the owner of its premises, was generally entitled to invoke the criminal law protection of possession under Art. 926 et seq. CC in order to obtain traffic regulations. The provisions of road traffic law (Art. 2 para. 5 RTA, Art. 111 para. 2 RSO) did not oblige the Post to take the administrative law route.

Furthermore, the Federal Supreme Court found…