Facts
The complainants X. and Y. are owners of a residential property in Oberrieden, which is located near the Oberrieden See railway station. They applied to the Swiss Federal Railways (SBB) and the Federal Office of Transport (BAV) for measures to reduce the light emissions from the railway station. The BAV rejected the complaint, and the complainants appealed to the Federal Administrative Court, which also rejected the complaint. The complainants then appealed to the Federal Court.
The Oberrieden See railway station has two platforms with a total length of 320 m each. The lighting of the railway station was modified according to the SBB's RV05 program. The complainants object to the light pole in front of the railway station, the combination mast lights, and the platform roof lights.
Considerations
The Federal Court examined the complainants' legitimacy and concluded that they are entitled to complain about the lighting of the southeastern part of the railway station (in the direction of Horgen). The court pointed out that the legitimacy must not be defined too narrowly, so that the assessment of functionally connected parts of a facility is not fragmented.
The Federal Court then examined whether the lighting of the railway station meets the requirements of the precautionary principle under Art. 11 para. 2 EPA. It concluded that the lighting of the covered platform area in its existing intensity is not necessary for safety when entering and exiting, and that a reduction of the lighting during the night-time period from 10:00 p.m. to 6:00 a.m. is possible and economically viable.
The court decided that the SBB must reduce the lighting in the covered lakeside platform area from 10:00 p.m. to 1:00 a.m. and from 4:30 a.m. to 6:00 a.m. from Monday to Friday, and from 10:00 p.m. to 6:00 a.m.…