Construction sites and trade –
A baker loses his fight for compensation
The Zurich merchant underwent a big drop in activity during work. The Federal Court rejects its request from 170,000 francs, creating a precedent.
Ellen and Reto Hausammann, from the Zurich bakery of the same name, failed to have their claims accepted by the Supreme Court.
Pd/dr
A Zurich baker will not receive any compensation for the financial losses suffered during a site near his trade, according to a judgment of the Federal Court (TF). This decision could create a precedent for other traders in similar situations, according to an article in “Daily Anzeiger».
Reto Hausammann, better known as “Zopf-Beck VO Züri», Had brought legal action against the city of Zurich, demanding 170,000 francs to compensate for a drop in turnover. He attributed this loss to an important renovation project which had taken place in front of his bakery between May and December 2018.
Noise and dust
According to the merchant, the nuisance caused by noise, dust and access difficulties would have made around 27,000 customers flee, resulting in turnover reaching 26.7%. Faced with this situation, he had submitted a compensation request in January 2019.
The city of Zurich, however, considered that this type of loss was part of the normal risks inherent in a commercial activity. After an initial refusal and an unfavorable estimate procedure, the baker brought the case before the cantonal administrative court, which only recognized a limited impact over three months.
No compensation possible
The highest Swiss judicial body has confirmed the rejection of the complaint, according to federal case law, which stipulates that compensation is only possible if the nuisances last more than six months, are intense and cause losses of 20 to 30%. The court also imposed on the baker 2000 francs in court costs.
The city of Zurich welcomed this decision, claiming that it confirms that the general interest takes precedence over individual losses, as long as the work is legal and the nuisances deemed bearable.
Cases in French -speaking Switzerland
In French -speaking Switzerland, similar situations have led to political initiatives. In Lausanne, a PLR postulate requested the creation of a solidarity fund for traders assigned by public sites. For its part, the city has teamed up with the cooperative society of Lausanne traders (SCCL) and Lausanne Région to promote local businesses and raise awareness among the inhabitants of Lausanne to the importance of supporting them during the works. Especially with “Enjoy Lausanne” rechargeable cards, which offer a bonus of 10% in more than 350 brands of the Vaudois chief town.
In Geneva, several parties also offer a compensation fund to help businesses compensate for losses related to industrial services.
For his part, the lawyer for the Zurich baker described the judgment of “understandable but disappointing”, regretting that the Federal Court did not take the opportunity to refine his case law on this subject. He believes that this decision will end the hopes of other traders and now pleads for a political solution.
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