Safety measures on rail freight transport need to be reviewed

On 10 August 2023, a freight train derailed in the Gotthard Base Tunnel. In decisions dated 11 September 2025 and 23 October 2025, the Federal Office of Transport (FOT) issued measures relating to the safety of freight wagons. Among other things, it mandated a larger minimum diameter for certain wheels, as well as shorter intervals and guidelines for wagon inspections. In response, several vehicle keepers and entities in charge of maintenance lodged appeals with the Federal Administrative Court (FAC).

Breach of railway legislation
The measures issued by the FOT deviate from the EU’s harmonised regulations on the cross-border use of freight wagons, which are binding based on Swiss railways law. They therefore fundamentally contravene the current railways regulations governing freight wagons. The Land Transport Agreement between Switzerland and the EU and the Swiss Railways Act provide for the possibility, in certain cases and in accordance with a defined procedure, of enacting national safety requirements. However, the imposition of measures in the manner at hand does not correspond to the procedure laid down in international treaties and national legislation. 

The FAC upholds the appeals and overturns the measures. It refers the matter back to the FOT for further consideration. In this context, the EU’s recommendations published on 7 August 2026 must also be considered.

These judgments may be appealed to the Federal Supreme Court.