photo: Uwe Schwarzbach / Flickr/Freight trains in Tyrol, Austria
A Swiss federal court has provisionally suspended new wagon safety measures introduced by the country’s transport authority, following a legal challenge by major companies. The ruling raises questions about both the urgency and effectiveness of the measures, and reopens the debate over how rail safety should be managed at European level.
Court Questions Urgency and Effectiveness of FOT Measures
In an interim order, the Swiss Federal Administrative Court halted the enforcement of safety measures imposed by the Federal Office of Transport (FOT), which had introduced stricter requirements following concerns over wheel breakages. The court pointed to significant doubts regarding the factual and temporal urgency of the measures, as well as uncertainty over whether they were appropriate or necessary to reduce the identified risks.
The decision follows lawsuits filed by several major companies affected by the new rules. While the court has not ruled on the substance of the case, the order temporarily suspends the FOT’s actions while further arguments are considered. The transport authority has until 16 December to respond.
The measures in question were issued in September and amended in October, and had been criticised by parts of the rail freight sector as unilateral and potentially disruptive to cross-border operations.
UIP Sees Opportunity for European, Evidence-Based Approach
In a statement issued on 9 December, the International Union of Wagon Keepers (UIP) welcomed the court’s decision, describing it as a chance to reset the discussion around rail safety. According to UIP, the ruling exposes the risks of fragmented national action in a system that depends on interoperability and cross-border coordination.
UIP Secretary General Gilles Peterhans said: "Safety is a shared responsibility. The court ruling underscores the need for a collaborative, fact-based approach to improving rail safety. We remain committed to working with the FOT, all European national safety authorities, and sector representatives through the Joint Network Secretariat (JNS). As the pan-European platform bringing together all key rail stakeholders, the JNS enables the approval of proportionate and harmonised measures that make rail freight ever safer across Europe—benefiting Switzerland as well."
The timing of the court order is also significant. It comes ahead of the publication of updated safety recommendations from the Joint Network Secretariat (JNS), which are due by the end of the year. The JNS, established by the European Union Agency for Railways (ERA), was created specifically to address safety issues in a coordinated and consistent way across Europe.
Switzerland participates in the JNS alongside EU national safety authorities and sector representatives covering design, construction, operation and maintenance of the rail system. UIP argues that bringing all these actors together is essential to avoid unintended consequences and to ensure that safety improvements are both effective and proportionate.
According to the association, the court’s decision creates space for renewed dialogue. It says the suspension should be used as an opportunity for all parties, including Switzerland, to work toward a common, evidence-based European solution rather than isolated national measures.
The measures followed increased scrutiny of wagon safety after a derailment in the Gotthard Base Tunnel in August 2023, which forced the prolonged closure of the route and disrupted north–south freight traffic through the Alps. In response, Swiss authorities introduced stricter national requirements, saying rapid action was needed to address the risk of wheelset failures on one of Europe’s busiest rail corridors. Rail industry groups, however, have argued that such steps should be assessed through coordinated European procedures to avoid undermining cross-border rail operations.