Facts
The appellants, ewz Übertragungsnetz AG and Nordostschweizerische Kraftwerke Grid AG, applied to the Federal Assessment Commission, District 9, for the expropriation of a right of passage and a right to maintain an existing power transmission mast on the property GB Schwyz, cadastre no. 266, for the 220 kV transmission line Siebnen-Samstagern. The assessment commission declined to consider the application due to lack of jurisdiction. The Federal Administrative Court upheld the decision of the lower court and referred the application to the Federal Inspectorate for Heavy Current Installations. The appellants requested the Federal Court to overturn the decision of the lower court and instruct the assessment commission to consider the application.
The appellants intend to lay a telecommunications line through the disputed parcel without installing an additional strand next to the existing line. Data transmission is carried out through optical fibers integrated into the earth cable. The appellants accuse the Federal Administrative Court of having misinterpreted Art. 16 para. 1 of the Electricity Act, as it assumed a modification of a high-voltage installation.
Considerations
The Federal Court dealt with the question of whether the disputed provision, Art. 16 para. 1 of the Electricity Act, covers a modification of a high-voltage installation when the line is used for telecommunications purposes. The court established that the interpretation of the law must be based on the ratio legis and that legislative materials can be consulted if they provide a clear answer to the disputed question.
The Federal Administrative Court decided that the additional use of optical fibers on high-voltage lines for the provision of telecommunications services, despite the absence of structural changes, qualifies as a modification of an electrical installation and is therefore subject to the planning approval procedure. The…