Facts
The Federal Tribunal was seized of an appeal against a fine imposed on Mr. Binz for non-payment of the parking meter fee when parking his vehicle in Bern. The appellant argued that Article 37(2) of the Federal Constitution, which prohibits the levying of fees for the use of roads open to public traffic within the limits of their intended purpose, also applied to parking on public roads.Considerations
The Federal Tribunal dismissed the appeal. It considered that Article 37(2) Cst. does not prevent municipalities from designating certain parts of the public domain as parking spaces and authorizing parking there subject to the payment of a fee, provided that at a suitable distance, there are sufficient other free parking spaces. Although short-term parking is part of "traffic" within the meaning of Article 37(2) Cst., the transformation of certain parts of…