Facts
In 2001, the Swiss Federal Railways (SBB) submitted a revised plan approval application for noise abatement in the city of Baden. Two property owners filed an objection during the public display period and demanded that the southeast facade of one of their buildings be included in the noise abatement register and the noise barrier be raised. The Federal Office of Transport (BAV) approved the plans and partially rejected the objection. The property owners then filed a complaint with the Federal Appeal Commission for Infrastructure and Environment (Rekurskommission INUM), in which they made additional requests. The Appeal Commission partially upheld the complaint. The property owners then filed an administrative court appeal against the decision of the Appeal Commission and brought forward further additional requests.Considerations
The Federal Court did not enter into the administrative court appeal. It stated that the subject matter in the railway plan approval procedure is determined by the requests made during the…