Question juridique clé
Whether Art. 75b and Art. 197 ch. 9 Cst. apply to the permit issued on 2012-12-27.
Solution extraite
Yes. The constitutional provisions were directly applicable to permits issued after 2012-03-11; before 2013-01-01 such permits were annulable, and after that date they are void.
Motifs extraits
The Court reiterated its leading cases and held that the decisive date is the delivery of the permit. Because the permit was issued after entry into force of Art. 75b Cst. and concerned a secondary residence in a commune exceeding the 20% cap, the authorization could not stand.