Question juridique clé
Whether an ENHK expert opinion was mandatory before deciding on the road project
Solution extraite
Yes. The project constituted a federal task because it was to be incorporated into the national road network and required forest-clearance permits; therefore an ENHK opinion was required before a decision could be validly taken.
Motifs extraits
Under Art. 7 NHG, a federal commission must be consulted when an inventory object may be significantly affected in the performance of a federal task. The road project could significantly affect the BLN object and the opinion had to be obtained at a stage where project amendments remained possible.