Decision on the Prohibition of Parking on a Church Forecourt

Facts

The dispute concerns a church forecourt located in Berne, in front of the Pauluskirche church, which is not visibly delimited from the sidewalk along Freiestrasse. Two no-parking signs (sign no. 231) are installed on the edge of the roadway in front of the church. W. has on several occasions parked his vehicle on the forecourt, in front of the church's perimeter wall.

The President of the Berne Court has fined W. 200 Swiss francs for failure to comply with the prohibition of parking on the sidewalk, pursuant to Art. 27(1) and 90(1) RTA. On appeal by the convicted person, the Cantonal Court of Berne acquitted him.

The Deputy Attorney General of the Canton of Berne has filed a nullity appeal, requesting the annulment of the Cantonal Court's judgment and the referral of the case back to the court of first instance for the accused to be convicted. He argues that the church forecourt is an integral part of the sidewalk and is therefore also subject to the parking prohibition.

Considerations

The Federal Tribunal considers that the church forecourt, although visually forming a unit with the sidewalk, must be distinguished from it legally. Indeed, the size and extent of the forecourt allow for a sufficiently wide space for pedestrian traffic, in addition to the roadway. Therefore, the parking prohibition provided for the sidewalk does not automatically apply to…