Non-Approval of a Building Zone by the Directorate of Justice, Municipalities and Churches

Facts

The Marcuard estate community is the owner of an area in Muri, which was designated as a "Zone with Planning Obligation Aarwil" as part of the revision of the local zoning plan. However, the Directorate of Justice, Municipalities and Churches of the Canton of Bern did not approve this zoning plan, whereupon the estate community filed a complaint. The Administrative Court did not enter into the complaint, as it denied the applicability of Art. 6 para. 1 ECHR.

Considerations

The Federal Court concluded that the non-approval of the "Zone with Planning Obligation Aarwil" by the Directorate of Justice, Municipalities and Churches does indeed have an impact on the civil law claims of the landowners. Because with this decision, a possible planning law claim for inclusion in the zone of the complainants was decided. Such decisions that determine the permissible use of land fall within the scope of protection of Art. 6 para. 1 ECHR.

The Administrative Court should therefore have entered into the complaint and examined the matter on the merits. Since cantonal…