Key legal question
Whether the permit for a second residence had to be annulled under Articles 75b and 197 No. 9 Constitution.
Extracted holding
Yes. The permit was issued after the constitutional provisions entered into force, the project was an admitted second residence, and the commune already exceeded the 20% threshold.
Extracted reasoning
The court relied on its case law that Article 75b Constitution is directly applicable to permits issued after 11 March 2012 and that permits issued before 1 January 2013 are annulable, while later permits are null. As the present permit was issued after entry into force, it had to be annulled.