ATA/443/1997•Fine reduced for storing tires on agricultural land
ATA/443/1997Tribunal de Justiça / Câmara Administrativa5 de ago. de 1997Modified
Extraído pela Omnilex
The court dealt with a fine imposed for leaving tires in deposit on a parcel located in an agricultural zone. Applying Art. 137 LCI, it held that the infringement was established but that the sanction was too severe. The fine was therefore reduced from CHF 20,000 to CHF 2,500.
Art. 137 LCI; fine for unlawful use or occupation of land in a protected zoning context; the penalty must remain proportionate to the gravity of the breach and the concrete circumstances. Even where the infringement is established, the sanction may be reduced where the original amount exceeds what is justified by culpability and the objective seriousness of the deposit or occupation. In assessing proportionality, the court may moderate the fine while confirming the violation (consid. not stated).
Descripteurs
ZONE AGRICOLE; ENTREPOT; AMENDE; TPE
Normes
LCI.137
Résumé
Amende réduite de CHF 20'000.-- à CHF 2'500.-- pour avoir laissé des pneus en dépôt sur une parcelle en zone agricole.
Extraído pela Omnilex
Whether the fine for depositing tires on agricultural land should be reduced under Art. 137 LCI.
The fine was excessive and had to be reduced to CHF 2,500.
The court accepted the violation but considered the original amount disproportionate in light of the circumstances of the unlawful storage in agricultural zone land.
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