Court criticises Swiss approach to Gotthard tunnel safety

Switzerland’s Federal Administrative Court has ruled that the Federal Office for Transport’s approach to imposing safety measures after the Gotthard Base Tunnel accident was unlawful, SRF reported. The measures concerned certain wheel types and how and how often freight wagons must be inspected.

One tube of the world’s longest railway tunnel was closed for a year after the accident, with more than CHF 150 million spent on repairs. The court said the Federal Office for Transport had not followed the procedure set out in the land transport agreement between Switzerland and the European Union.

“The judgment has no immediate consequences,” said Christa Hostettler, director of the Federal Office for Transport. “The European rules are valid, and the task now is to implement these rules in Switzerland.”

Switzerland had pursued two tracks: seeking stricter rules at European level while also imposing measures domestically. The European approach was largely successful, with European supervisory authorities accommodating most of Switzerland’s demands.

The stricter rules will now be introduced through the European level by the end of next year, rather than by the end of this year as required in the Swiss office’s decision.

The court’s ruling is a success for transport companies that own freight wagons. They had challenged the Swiss safety order, which had therefore not yet entered into force. The companies have argued that interoperability, with the same rules applying everywhere, must be protected.

The ruling can still be appealed to the Federal Supreme Court. It also leaves open how Switzerland should legally respond after a serious accident if it cannot secure the necessary measures at European level.