Dismissal of the appeal by mobile network operators against the planning zone of the city of Wil

Facts

The Federal Court dealt with an appeal by the mobile network operators Swisscom Mobile AG, TDC Switzerland AG (sunrise) and Orange Communications SA against a planning zone of the city of Wil. The planning zone was intended to regulate the installation of mobile phone installations in the city of Wil.

The mobile network operators had filed an objection against the decision of the Wil City Council to issue the planning zone. The Building Department of the Canton of St. Gallen had upheld the objection and declared the planning zone null and void. Thereupon, the Wil City Council had appealed the decision of the Building Department, and the Administrative Court of the Canton of St. Gallen had upheld the appeal of the Wil City Council.

The mobile network operators appealed against this judgment of the Administrative Court to the Federal Court in public law matters.

Considerations

The Federal Court did not enter into the appeal. It justified this by stating that the appellants were unable to demonstrate to what extent they are particularly affected in their worthy of protection interests by the contested judgment of the Administrative Court and have a practical interest in the annulment or amendment of the judgment.

The Federal Court stated that the legal effects associated with the planning zone primarily affect…