Facts

The Swiss Federal Railways (SBB) planned the construction of a new railway line (BAHN 2000) between Mattstetten and Rothrist, which was to run partially parallel to the National Highway N1. Coop Switzerland, the operator of a cheese center in the immediate vicinity of the planned railway line, filed an objection to the railway project, as it feared a massive impairment of its operations. The Federal Department of Transport, Energy and Communications (EVED) approved the railway project and granted the permit for construction within the construction line of the National Highway. Against this, Coop Switzerland filed an administrative court appeal with the Federal Court.

Considerations

1. The Federal Court examined whether the traffic safety on the National Highway and the railway line is guaranteed:
  • The National Highway Act and the Railway Act contain the relevant provisions for the assessment of traffic safety.
  • The principle of economical land use generally justifies the most extensive possible parallel operation of transport modes, but also requires consideration of the safety aspect.
  • A permit is required for constructions within the construction line of the National Highway, which may only be granted if the interests of traffic safety are not violated.
  • The EVED must unambiguously clarify and expressly assess the issue of traffic safety on the National Highway and the railway line in the area of the cheese center.
2. The Federal Court also examined the question of possible microbial emissions on the cheese center through rail traffic:
  • The EVED had…