The Federal Court partially admits an appeal of the Nozon Giron shooting company. In conflict with the municipality of Romainmôtier and an association, it obtains the cancellation of part of the restrictions against its activity.
ATS
The appellant has had a duty of 99 years since 1990 since 1990 on a plot supporting its stand. This allows shooting to the pistol and small caliber over distances of 25 and 50 meters.
A conflict opposes the company to the municipality and to the “NOZON DU NOZON ASSOCIATION without expression”. In 2017, the canton noted that noise standards were respected but recommended reducing the stand opening hours and placing a soundproofing eGOS.
Drastic measures
The shooting company implemented the first recommendation but has given up the second lack of means. In 2024, the municipality took drastic measures: now, the stand was only open from March to June and September to October, six months a year. In addition, the shots were limited to 4 hours per week, Tuesday as well as Thursday or on Saturday alternating.
Seized by the shooting company, the Federal Court partially admits its appeal. The closure of the stand during half of the year is not proportionate to the objective of preserving public tranquility, unlike the reduction in opening hours.
For the 2nd Court of Public Law, the closure in July and August – during school holidays – is still eligible. The same goes for the holiday season. The measure goes too far, however, for the rest of the year.
Vaud justice should also have taken into account the precarious finances of the shooting company. The impact of these restrictions on contributions should have been taken into consideration, add the judges of my rest. In this regard, the decision of the municipality also violates the freedom of association of the Appellant. (judgment 2C_644/2024 of June 18, 2025)
