Question juridique clé
Whether the Federal Administrative Court unlawfully expanded the dispute by treating the BAV decision as a tariff instruction.
Solution extraite
The BAV decision concerned only the surcharge in the individual case and did not bind SBB's future tariff design; the Federal Administrative Court misread its scope.
Motifs extraits
The dispositive part contained no tariff instruction, only an administrative response to the individual surcharge. By treating the reasoning as operative, the lower court enlarged the dispute unlawfully.