Facts
On 29 July 1996, the Agricultural Land Commission of the Canton of Geneva approved the division of a plot into two sub-plots, one of which (xb) was subject to the Federal Act on Rural Land Law (RLRA). In October 2003, this plot xb was put up for auction. Spouses [B.], who had been assigned the claims of the Cantonal Bank of Geneva (BCGe) secured by a mortgage on the plot, acquired this plot xb at auction. They then applied to the Agricultural Land Commission for authorization to acquire plot xb as mortgagees, under Art. 64 para. 1 let. g RLRA. The Commission refused, considering that spouses [B.] had acted with the aim of circumventing the requirements of the RLRA, which constituted a fraud on the law.Considerations
The Federal Court dismissed the appeal of spouses [B.] against this decision. It considered that spouses [B.] had been assigned the claims of the BCGe with the aim of acquiring plot xb under the exception provided for in Art. 64 para. 1 let. g RLRA, even though they were not personally operating the farm. This transaction, aimed at placing themselves in the position of mortgagees in order to…