Key legal question
Whether an owner with only vague plans to sell may obtain a declaratory ruling fixing the permissible price under the BGBB.
Extracted holding
No. Declaratory standing under Art. 84 BGBB requires a current, concrete interest tied to a specific contemplated transaction; vague future sale intentions are insufficient.
Extracted reasoning
The price ceiling under Art. 66 BGBB depends on a five-year comparison period that must be anchored to a specific transaction or approval request. Without a concrete contract draft, named counterparty, or even a foreseeable closing, the relevant time frame cannot be determined. A purely theoretical price calculation would be burdensome and would soon become outdated.