Question juridique clé
Whether the owner was entitled to additional inconvenience compensation for the loss of seven old fir trees beyond reforestation costs.
Solution extraite
Yes, but only in a reduced amount: the court awarded CHF 2,000 as compensation for the remaining ideational damage.
Motifs extraits
Reforestation costs already covered the physical replacement of the trees and allowed a substantial mitigation of the harm. Yet the old trees gave the park a special winter character and part of the ideational loss would persist for years; because the owner had delayed renewal for a long time, the compensable loss was limited.