Facts
The Swiss Federal Institute of Technology Zurich (ETHZ) applied to the Federal Office for the Environment, Forests and Landscape (FOEN) on January 4, 2001, for approval of a release trial with genetically modified wheat. The FOEN rejected the application on November 20, 2001, but was instructed by the Federal Department of the Environment, Transport, Energy and Communications (DETEC) on September 12, 2002, to re-evaluate the matter taking into account the necessary conditions and requirements. On December 20, 2002, the FOEN approved the release trial subject to conditions and requirements. A., B., and the Swiss Association of Integrated Producing Farmers and Farm Women (IP-Suisse) filed a complaint with the DETEC against this ruling. The DETEC withdrew the suspensive effect of the complaints, which was challenged by the complainants before the Federal Court.
Considerations
The Federal Court had to decide whether the withdrawal of the suspensive effect of the complaint against the release ordinance was lawful. The complainants argued that the DETEC's balancing of interests had been incomplete and that the public interests endangered by the release trial, namely the protection of the environment and human health, had not been taken into account.
The court examined whether the lower court had exceeded or abused its discretion when it withdrew the suspensive effect of the complaints. It found that the lower court had already made a fundamental decision on the admissibility of the release trial and that the complainants were not parties to the administrative complaint proceedings and were not obligated to challenge the complaint decision in good faith.
The court concluded that the complainants were not bound by the DETEC's complaint decision of September 12, 2002, because they were not parties to the administrative…