When weighing-up interests under Article 11 paragraph 1, the court or the administrative authority is not required to order the elimination of discrimination relating to access to buildings, structures and dwellings under Article 3 letters a, c and d if the cost of the modifications exceeds five per cent of the insurance value of the building or new value of the structure or 20 per cent of the renovation costs.
When weighing-up interests under Article 11 paragraph 1, the court or the administrative authority shall take account of the time required to make adaptations in public transport (Art. 22); account must also be taken of the federal implementation concept for the payment of financial assistance (Art. 23 para. 3) and the operations and investment plans of the public transport company based thereon.
The court or the administrative authority shall require the licensed undertaking or state authority to offer an appropriate alternative solution if it decides under Article 11 paragraph 1 not to order the elimination of discrimination.32