Switzerland Loses Gotthard Court Fight. Europe Keeps Checks for Half a Million Wagons

The Swiss Federal Administrative Court has cancelled the freight-wagon safety rules introduced after the 2023 derailment in the Gotthard Base Tunnel. The court did not say that the safety concerns were unfounded. Instead, it ruled that the Federal Office of Transport had introduced extra Swiss requirements without following the procedure set out in the Swiss–EU railway framework.

At almost the same time, Europe was moving towards stricter common wheel checks aimed at the same safety risk.

Swiss Court Overturns FOT Freight-Wagon Safety Measures

The Federal Administrative Court handed down its judgments on 18 August and published its decision on 21 August. The five cases are A-8992/2025, A-7816/2025, A-7842/2025, A-8986/2025 and A-7839/2025. The court annulled measures issued by the Swiss Federal Office of Transport, or FOT, in September and October 2025 and sent the matter back to the authority for reconsideration.

The measures were introduced after freight train 45016 derailed in the Gotthard Base Tunnel on 10 August 2023, as RAILTARGET previously reported. One of the train’s wheels fractured inside the tunnel and the damaged train continued for several kilometres before derailing and causing major damage near the Faido multifunction station.

The Swiss Safety Investigation Board later concluded that the wheel had suffered thermal overload, followed by fatigue cracking that developed over time. One tube of the Gotthard Base Tunnel remained closed for more than a year. The damage and repairs cost more than CHF 150 million (approx. EUR 160 million).

In response, FOT introduced additional requirements for freight wagons operating in Switzerland. These included a minimum wheel diameter of 864 mm for specified tread-braked wheel types, mileage-based technical inspections, checks for cracks and thermal damage, and hammer tests during technical train inspections. FOT later adjusted the inspection timetable, but left the main measures in place.

The Court Ruled on Procedure, Not on Broken-Wheel Safety

The court did not say that Switzerland could never introduce its own railway safety requirements. Swiss railway law incorporates European technical and maintenance rules for freight wagons through the EU–Switzerland Land Transport Agreement, aiming to let freight wagons travel across European networks without facing a different set of technical requirements at every border.

The court found that FOT’s measures added requirements that differed from, or went beyond, the harmonised rules. Swiss and European law do allow additional national requirements, special cases and temporary measures where there is a serious safety risk. But those measures must be introduced through the proper procedures.

According to the judgment, FOT had not clearly identified the legal basis that allowed it to depart from the common requirements. The court also found no indication that Switzerland had introduced and notified the measures as national rules or special cases through the prescribed process. Nor had the decree clearly been framed as a temporary emergency safety measure. That procedural failure was enough for the court to annul the measures.

The wagon keepers had challenged the rules on other grounds as well. They argued that the inspections would put further pressure on already limited workshop capacity, that the measures were disproportionate and that their safety benefits had not been properly demonstrated. The court did not decide those questions. Once it found that the measures had been introduced through the wrong legal procedure, it said there was no need to examine the remaining complaints.

Europe Tightened Its Wheel Checks Before the Judgment

After the Gotthard accident, Switzerland asked the European Union Agency for Railways to reopen the Joint Network Secretariat’s work on broken freight wheels. National safety authorities, railway organisations and maintenance bodies then spent almost three years revising the European measures. The latest JNS Final Report, version 5.0, was published on 7 August 2026, eleven days before the Swiss court judgments. ERA says it replaces the previous Gotthard measures and the earlier JNS rules for BA 004 wheel-rim cracks.

The new European package is also broader than the measures that existed before the Gotthard derailment. Depending on the wheel’s condition and configuration, inspections may now be required at intervals of between 50,000 and 300,000 km. Swiss broadcaster SRF reported that previous intervals could reach around 660,000 km.

RAILTARGET reported earlier this month that several version 5.0 measures go beyond the wheel type involved in the Gotthard accident and apply across the tread-braked freight fleet. UIP estimates that around 500,000 European freight wagons fall within the wider scope of the new checks.

FOT director Christa Hostettler has described the European agreement as a success for Switzerland. Speaking to SRF before the court judgment, she said Switzerland had managed to bring important parts of its safety position into the European process.

UIP Says the Judgment Protects One European Wagon Fleet

The International Union of Wagon Keepers has welcomed the court decision. In its 25 August statement, UIP said the judgment restored legal certainty for cross-border freight and supported the principle that Europe should operate one wagon fleet under common requirements. The association also pointed out that the ruling did not question the safety concerns raised after the Gotthard accident.

UIP has opposed the Swiss national measures since 2025. Its concern was that separate national rules could force wagon keepers to manage different technical requirements as wagons crossed borders. The association now sees the JNS package as the right way to address the broken-wheel risk. UIP Secretary General Gilles Peterhans said Europe could not run a cross-border freight fleet with a different safety approach at every border.

Nevertheless, the new JNS measures require more frequent checks across a much larger fleet. UIP is collecting data on wagon numbers and workshop capacity to find out whether the deadlines can realistically be met.

FOT Says the Judgment Has No Immediate Safety Effect

The Swiss position is different. After the judgment, Hostettler told SRF that it had no immediate safety consequences because the European rules were now in place and had to be implemented in Switzerland.

The court itself told FOT to take the new European recommendations into account when reconsidering the case. It did not rule out further Swiss requirements, provided FOT can establish a legal basis and follow the procedure required for national measures.

The judgments are also not yet beyond appeal. Both decisions state that they can be challenged before the Swiss Federal Supreme Court within 30 days of notification.