Facts
Regionalverkehr Bern-Solothurn AG (RBS) intended to construct a new depot with parking facilities. After a study of various options, the site "Leimgrube" in the municipality of Bätterkinden was considered the most suitable. The project was included in the Cantonal Structure Plan and underwent public participation. On July 5, 2017, the Government Council of the Canton of Bern decided to include the project as an interim result in the Structure Plan, which was approved by the Federal Council on June 12, 2018.
Subsequently, a more detailed evaluation of the options was carried out, and the "Orange 2A" variant in the "Leimgrube" area was found to be the most suitable. On December 14, 2018, the Justice, Municipal and Church Directorate of the Canton of Bern decided to advance the project from the coordination status "Interim Result" to the coordination status "Designation" in the Structure Plan.
The municipal council of Bätterkinden then filed a complaint with the Federal Supreme Court and requested the annulment of the decisions, as it saw its municipal autonomy violated.
Considerations
The Federal Supreme Court dismissed the complaint. It stated that decisions on changes to the Structure Plan can be challenged by means of a complaint against decrees under Art. 82 lit. b BGG. Since in the Canton of Bern only administrative decisions and rulings are subject to appeal, and not Structure Plans, the direct appeal to the Federal Supreme Court was admissible.
The Federal Supreme Court considered the complaint against the designation decision, but not against the interim result, to be admissible. While the interim result can exceptionally also be challenged if it largely anticipates the final…