Partial Approval of the Complaint regarding Water and Sewerage Fees

Facts

The political municipality of Vaz/Obervaz levied annual water and sewerage fees for the years 2008-2010 from the landowners [A.] , [D.] and [E.] , [B.] and [C.] (each separately), and from the first three also for the year 2011. The landowners criticized the fees as massively excessive and not in conformity with the Constitution and the law. The municipality of Vaz/Obervaz issued a formal decision on November 15, 2011, and ordered that the outstanding invoices for water and sewerage for the years 2008-2011 be paid within 30 days.

The Administrative Court of the Canton of Grisons lifted the decision of the municipality of Vaz/Obervaz, including the fee invoices, and referred the matter back to the municipality of Vaz/Obervaz to determine the fees, taking into account the principles mentioned in the considerations. The municipality of Vaz/Obervaz filed a complaint in public law matters with the Federal Court, requesting that the contested decision be lifted.

Considerations

The Federal Court examined the admissibility of the complaint and came to the conclusion that the complaint in public law matters is admissible. The lower court had lifted the decision of the municipality of Vaz/Obervaz and referred the matter back to the municipality of Vaz/Obervaz to determine the fees, taking into account the principles mentioned in the considerations. The Federal Court found that the lower court had violated the municipal autonomy of the complainant by obliging it, without a legal basis, to also set a quantity-dependent share of at least 30% for the water connection fees.

The Federal Court came to the conclusion that the collection of freshwater fees exclusively as a basic fee, measured on the basis of the building insurance value, is lawful in view of the geographical peculiarities of the complainant municipality. The lower court had violated the autonomy of the complainant by obliging it, without a legal basis, to also set a quantity-dependent share of at least 30% for the water connection fees.

However, the Federal Court found that the determination of sewerage…