Federal court rules: Hochdorf solar initiative is invalid

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The popular initiative demanded that the municipality of Hochdorf promote the production of solar energy. It aims to ensure that operators of photovoltaic systems receive at least 12 cents per kilowatt hour of electricity produced and fed into the grid. To finance this, a fund would have to be created that would be financed with a municipal tax.

In 2020, the municipal council declared the initiative invalid because it was contrary to higher law. The government council and the subdistrict court confirmed the invalidity, after which the initiators turned to the federal court. Although this did not fully support the subdistrict court judge’s argument, he declared the complaint unfounded.

The Federal Court did not object to the subdistrict court judge’s controversial assessment that the levy to finance the fund was a tax. However, according to the ruling of the Federal Court, there is no basis in cantonal law on the basis of which municipalities may levy taxes in the field of electricity law.

The initiative “Hochdorf uses solar energy” was submitted by the group “Hofdere het Energie”. She also submitted three other initiatives, which were declared invalid by the municipality. One of these was declared valid by the subdistrict court and two by the federal court. In the referendums, the less ambitious proposals from the municipal council prevailed. (SDA)

Source:Blick