Swiss Court Strikes Down BAV Wagon Wheel Rules, Sides With Ermewa, GATX and VTG

Switzerland's Federal Administrative Court has struck down wheel safety rules imposed by the country's transport office, Bundesamt für Verkehr (BAV), following a challenge from wagon-leasing companies Ermewa, GATX and VTG.

BAV introduced the rules after a 2023 freight wagon derailment in the Gotthard Base Tunnel, tightening requirements for wagons passing through Switzerland. The three wagon keepers argued the measures broke with harmonised European Union rules on cross-border freight wagon use, which Swiss railway legislation has declared binding.

The court agreed, ruling that BAV's measures deviated from the EU framework without adequate justification, and referred the case back to the regulator for reconsideration. Judges noted Switzerland retains the right to set stricter national safety requirements in specific circumstances, but found BAV had not met that bar here.

European rail freight groups had warned that Switzerland's unilateral approach risked isolating the country from the wider European network and imposing costly compliance burdens on operators. BAV must now reconsider the case, retaining the right to appeal, as the ruling highlights the tension between national safety authority and cross-border interoperability rules central to European rail freight.