Facts
The Federal Office of Transport (BAV) had submitted the Detailed Project No. 03 (DP 03) for the construction of the NEAT Gotthard axis, construction works Gotthard North/Erstfeld, to the Canton of Uri and the affected municipalities for comments. While the Canton of Uri and some municipalities had expressed concerns, they had not filed a formal objection. The Federal Department of the Environment, Transport, Energy and Communications (UVEK) then approved the Detailed Project. The Canton of Uri and the Municipality of Erstfeld have filed an administrative court appeal against this approval decision of the UVEK.Considerations
The Federal Court states that the simplified railway planning approval procedure pursuant to Art. 18i para. 3 RailA generally provides for an objection procedure in which objections to the expropriation itself as well as requests under Art. 7-10 of the Compulsory Purchase Act (ComPurA) can also be raised. Since the BAV as the authority conducting the proceedings had not formally invited the parties involved in the present case to file an objection and had also not pointed out the consequences of failure to do so, the appellants must not suffer any…