Key legal question
Whether the UVEK had jurisdiction instead of a plangenehmigungs authority to decide the expropriation objection
Extracted holding
Because no genehmigungspflichtige alteration of the existing line and no basis for revoking the old permit existed, the matter was governed solely by the Expropriation Act and the competent department, UVEK, had jurisdiction.
Extracted reasoning
The line was not being created or changed under Art. 16 EleG; there was no new purpose or material change in planning circumstances. In the absence of a special rule, additional rights for an unchanged, already authorized installation are acquired under EntG, with objections decided by the competent department under Art. 55 EntG.