Key legal question
Whether the flat annual tourist tax for self-used holiday apartment owners violates equal treatment under Art. 8 BV.
Extracted holding
No. The flat-rate scheme for owners, usufructuaries, and long-term tenants is constitutionally permissible because the tax is a cost-allocation tax based on abstract, schematized criteria; owners of holiday flats are not in the same situation as hotel guests.
Extracted reasoning
The court distinguished cost-allocation taxes from charges based on concrete individual benefit. The municipality may use practical flat-rate criteria because actual presence of apartment owners is difficult to determine, while hotel guest data are readily available. The amount was not so high as to create unconstitutional inequality.