Facts
Companies X. and Y. are the owners of parcels of land over which a high-voltage line belonging to the company EWZ passes. In 1960 and 1986/1988, easements were established in favor of EWZ for the construction and operation of this line. Approximately 10 years later, EWZ replaced the ground wire of the line with a new fiber optic cable, thus enabling the transmission of telecommunication data through the company TDC Switzerland AG. X. and Y. then filed a lawsuit to prohibit the use of the line for telecommunication purposes, which they consider to exceed the scope of the easement.Considerations
The Federal Tribunal considers that the landowner's right to object to any unjustified interference with their property, as provided for in Art. 641 para. 2 CC, exists even in the absence of damage. The interpretation of the personal easement concluded between the parties shows that its agreed purpose does not cover the operation of the line for telecommunication services, which constitutes a different (aliud) use than the initially intended electricity transmission.
According to the Federal Tribunal, telecommunication service providers must acquire the necessary rights from private…