Questão jurídica principal
Whether the municipality was competent to place a tram depot subject to the Railway Act under protection.
Decisão extraída
No. For a railway installation, municipal protection measures cannot regulate matters reserved to federal railway law; they are ineffective against the railway installation itself.
Fundamentação extraída
Under Art. 18 EBG, railway installations are not subject to cantonal permits or plans unless federal law allows consideration of cantonal rules. Overlapping local planning may bind only where auxiliary installations are concerned, not the railway installation as such. A tram depot is a railway installation.