Facts

This judgment deals with the question of who is to bear the costs for the relocation of telegraph and telephone (TT) lines of the PTT (Swiss Postal, Telephone and Telegraph) operations in the context of the construction of a national road. The Swiss Confederation, represented by the Directorate General of the PTT operations, sued the Canton of Aargau for reimbursement of the costs for the relocation of 18 TT lines in the context of the construction of the National Road N 1.

The Canton of Aargau argued that according to Art. 8 of the Federal Act on Electrical Low and High Voltage Installations (ElG), the costs for the relocation of TT lines that were previously laid free of charge in public property are to be borne by the PTT operations. The plaintiff, however, referred to Art. 45 para. 1 of the Federal Act on National Roads (NSG), according to which the costs for the relocation of lines due to the construction of national roads are to be borne by the national road construction.

Considerations

The Federal Court decided that Art. 45 para. 1 NSG is decisive and that the costs of the relocation of TT lines that were previously laid free of charge in public property are to be borne by the national road construction.

The Federal Court justified this as follows

  • Art. 45 para. 1 NSG is formulated in general terms and covers lines of all kinds, without exception for TT lines.
  • Art. 8 ElG does regulate the free-of-charge relocation of lines in public property, but does not contradict Art. 45 para. 1 NSG,…