Facts
Company D. AG operates a plant for the manufacture of vegetable and animal oils and fats. It ordered three steel tanks with integrated heating coils from company B. for the temporary storage of raw materials. These tanks were installed on the site of D. AG's plant, connected to the plant by two underground pipeline networks. Company F. AG, which carried out the installation of the tanks, claimed payment of its invoice from D. AG. Not having been paid, F. AG requested the registration of a legal artisan's lien on the plot of D. AG. The court of first instance granted this request, but the decision was overturned on appeal. F. AG then appealed to the Federal Tribunal.Considerations
The Federal Tribunal considers that the tanks are an integral part of the real estate of D. AG and its industrial operation. Although not permanently fixed to the concrete bases, their size and weight are sufficient to attach them to the land by the force of gravity alone. Furthermore, their connection to the underground pipeline network permanently links them to the plant. Their removal would result in a substantial modification of D. AG's operations, which would no longer be able to temporarily store the raw materials delivered by train. The Court therefore considers that these tanks, specially designed for the needs…