Swiss Administrative Court rejects locals' objections

As previously reported, the SBB intends to renovate extensively the railway line between Oberwil and Arth-Goldau, just over the cantonal border with Schwyz, at a cost of CHF 100 million. Part of this upgrading means a 900-metre extension to twin tracks to the northern side of Walchwil station, though a number of locals have been protesting about this since they heard of the SBB’s intentions three years ago. An organisation of those protesting, the IGNZ, was duly set up and they raised their objections to the SBB’s plans with the Swiss Federal Office of Transport, which subsequently overruled all 17 of them in the summer of 2015. As a result, the IGNZ took the matter one step higher, to the Swiss Administrative Court (BVG) in St Gallen. Now this body, too, has rejected the objections raised by the protestors.
 
In its 64-page judgment, the court outlined that any fear on the part of the IGNZ relating to increased levels of noise were unfounded, with the SBB having conformed totally to the prescribed way in which these were estimated. The court also rejected the objectors’ fears relating to increased use on this stretch of line by 2025, dismissing, too, the IGNZ’s accusation that the SBB had attempted to deceive the public by keeping quiet about any plans the railway company had to use this line for increased goods traffic, possibly as a result of the decision by the SBB to increase the height of a tunnel on this line, though this was to enable trains with double-decker formations to travel through it and not related to goods traffic.
 
The court also rejected the IGNZ ‘s criticism that the SBB had not considered the precise positioning of the new twin tracks thoroughly enough. The objectors thought it would have been better to have these laid in the Murpfli area rather than at Walchwil station, an idea also rejected by the court.
 
In a further reprimand, the court stated that the IGNZ had submitted 20 further objections to the SBB’s plans, contrary to the correct court procedures.
 
This ruling by the Swiss Administrative Court, issued on 10 January, is not yet legally binding, but will become so after 30 days, during which time the IGNZ is to decide whether to take the matter to the highest court in the land, the Swiss Federal Court in Lausanne. So far, they have not commented on this. As the BVG’s ruling remains non-binding for the time being, the SBB declined to comment, too.