Key legal question
Whether the Federal Administrative Court could refuse application of the 2007 LSVA tariff increase under Art. 7 and 8 SVAG
Extracted holding
The tariff increase did not violate the statutory cost-covering rule; Art. 7 SVAG allowed inclusion of stau time costs as external costs for the Schwerverkehr.
Extracted reasoning
External costs are assessed from the perspective of the heavy-vehicle sector, not the entire traffic system. Stau time costs borne by other road users are external to heavy traffic and may be included; the court of first review had improperly narrowed Art. 7 SVAG and interfered with the Federal Council's regulatory discretion.