The Swiss Federal Administrative Court in St.Gallen has suspended the measures imposed by the country’s Office of Transport (FOT) on rail freight wagon wheels. “The FOT measures issued in September, and amended in October, are therefore not applicable for the duration of the proceedings or until a contrary decision is made”, the International Union of Wagon Keepers specified.
The court’s decision comes after Ermewa, GATX and VTG filed a lawsuit against the FOT in response to new requirements for wheels of rail freight wagons, a decision that left the whole industry stunned. The new rules were announced by the FOT as a reaction to the derailment inside the Gotthard Base Tunnel in August 2023, which disrupted cross-alpine traffic for over a year.
Among other things, the FOT wanted to raise the minimum diameter for wheels from 860 to 864 millimetres and to increase the frequency of technical inspections. The former could see many wagons no longer be fit to run in and through Switzerland, while the latter would have an impact on costs, as inspections are not free. Initially, the Swiss office wanted to have these new rules implemented by the beginning of 2026, then moved the deadline to the end of it. With the court’s decision, however, everything remains on hold.
Waiting for new EU rules
The main criticism against the Swiss decision was its unilateralism, since it was not made in consultation with any European institution. Moreover, the Joint Network Secretariat (JNS) was also working on new measures on wheels that would be adopted continent-wide. Their recommendations are expected before the end of the year. “The court order is now an opportunity for all parties to come together, including Switzerland, and focus on finding a common European solution”, UIP underlined. The FOT has until 16 December to react to the decision.
