Facts
By decision of March 29, 2001, the Federal Council granted the Glatttal Transport Services (VBG) the concession to construct and operate the Glatttal Railway. The railway project envisaged the relocation of numerous utility lines laid in the road body. The owners of the affected utility lines demanded that the costs of the relocation be borne by the railway. The negotiations to reach an agreement in this regard were unsuccessful.
By decision of January 27, 2004, the Federal Office of Transport (FOT) granted the Glatttal Railway project the plan approval. However, the Federal Office did not enter into the requests for the assumption of the costs for the relocation of the utility lines, due to lack of jurisdiction. The owners of the utility lines then filed a complaint with the Federal Appeals Commission for Infrastructure and Environment (Appeals Commission INUM).
The Appeals Commission INUM largely upheld the complaints and referred the dispute back to the FOT for a new decision in accordance with the considerations. The Glatttal Transport Services filed an administrative court appeal against this decision of the Appeals Commission INUM.
Considerations
The Federal Supreme Court dismisses the appeal. It finds that the railway-related relocation of the utility lines and the associated obligation to pay compensation are to be assessed according to federal railway and expropriation law.
According to the relevant provisions of the Railway Act (Art. 19 and Art. 31 para. 2 RailA), the railway company…