Facts
The Government Council of the Canton of Aargau and the WWF Switzerland filed an administrative court appeal against the approval of the Federal Office for Defence, Civil Protection and Sport (VBS) for the construction of a military training facility at the Au site. The planned facility was to consist of a training pool, a manoeuvring area, an operations building and other infrastructure. The Au site is located in a terrain chamber on the Aare River and was selected by the Federal Office for Army Operations and the Federal Office for Army Material and Construction. The Federal Supreme Court found that the Au site crosses a nationally significant wildlife corridor that represents an important connection between the Jura, northeastern Switzerland and the Black Forest. The construction of the facility would significantly impair the corridor, even if protective measures are to be taken. The Federal Supreme Court concluded that the interest in national defence and the interest in nature conservation are to be considered of equal value. Since the Sectoral Plan for Weapons and Shooting Ranges does not take the wildlife corridor into account and the Federal Council has not clearly expressed a preference for the military interests, the necessary basis in the Sectoral Plan is lacking. Therefore, the approval for the construction of the facility at the Au site was revoked.Considerations
The Federal Supreme Court states that in the case of conflicting equally important national interests, such as the interest in national defence and the interest in nature conservation, the decision on the priority is to be made by the Sectoral Plan…