SBS Analysis: Federal Court Stops Replacement Construction Of The “Signalbahn” In St. Moritz

The Federal Court stops the replacement construction of the “Signalbahn” in St. Moritz – What does this mean for the cable car industry? The association is analyzing the situation.

With its decision of May 1, 2023, the Federal Court approved the complaints against the construction project. In doing so, it overturns the previous decisions of the Federal Administrative Court and gives the complainants justice. What does this decision mean for the company, what consequences does it have for the industry, planning security and cooperation with the authorities?

Engadin St. Moritz Mountain AG intends to replace the 50-year-old aerial tram from St. Moritz Bad to Signal with a cable car. The Federal Office of Transport (BAV) granted the license in 2018 and approved the application for planning approval for the construction of a 10-seater gondola lift. The last instance, the Federal Court (BG), has now approved various complaints that were submitted against the project and which the Federal Administrative Court (BVG) had rejected. The project is therefore suspended (blocked) for the time being.

What points does the Federal Court criticize?

The BG agrees with the complainants that alternative cable car systems have not been sufficiently examined. It comes to the conclusion that the current project violates, in particular, the Forestry Act and the Environmental Protection Act due to the actual lack of balancing of interests and its countless exceptional permits.
Exceptional permits can only be granted if the system is site-specific and in the public interest. According to BG Engadin St. Moritz Mountains AG and the BAV, due to a lack of sufficient examination of alternative cable car systems, they were unable to provide sufficient valid arguments. The complainants also criticized the insufficient documentation with regard to the handicapped-accessible design. The BG also complains that in order to build the planned 10-passenger gondola cable car, forest worthy of protection would have to be cleared and that the encroachment on the forest would therefore be considerably greater than with the previous aerial tramway.

How does Cable Car Switzerland interpret this ruling?

Immediately after the BG's ruling, Cable Cars Switzerland (SBS) commissioned a legal review of the effects of the ruling. The association paid particular attention to the extent to which this ruling would have a significant impact on the entire industry.

The review revealed the following findings:

• It cannot be assumed that the present decision will have drastic consequences in terms of proceedings.
• There is unlikely to be any fundamental change to the structure and process of the plan approval process.
• However, in the future, more attention will have to be paid to possible alternatives (in addition to gondola lifts) when building replacement cable cars.
• In addition, the BG implicitly placed the protection of the forest above the protection of the landscape, which in fact amounts to a departure from the previous line.
• Water protection, as well as neighboring interests, are also given high priority, which results in greater scrutiny of location ties.

The following points will probably be given greater weight in future planning projects:

• Comprehensive weighing of interests and justification of location ties
• In-depth variant testing of different cable car systems
• Proof of accessibility for people with disabilities
• Greater involvement of interest groups in the early stages of a project

What are the next steps?

SBS, the BAV and the industry regularly discuss procedural issues in the so-called “Management Board” at management level. This immediately set up a working group “Impacts of BGE Signalbahn”, in which the federal offices involved (BAV, Federal Office for Spatial Development ARE, Federal Office for the Environment FOEN), the manufacturers and selected industry experts will be represented. This working group is led by the BAV. The work started in August. The aim is to create clarity as quickly as possible about the effects of the BG decision on future projects.