Kernrechtsfrage
Whether the operating permit condition 2.6 on technical and temporary substitute measures for the cable car was lawful and proportionate.
Extrahierter Entscheid
The condition was lawful because compliance with technical norms did not preclude stricter measures where the concrete installation faced higher foreseeable wind loads; the temporary substitute measures were also proportionate.
Extrahierte Begründung
The court held that technical norms create only a rebuttable presumption of sufficient safety. Here the recorded wind pressures could exceed the assumptions underlying the norm-based design, so the BAV could require measures ensuring safe use under actual local conditions. The operator could choose the least costly technically workable solution. The temporary inspection regime was a mild and technically feasible interim measure.