Facts
Various residents of Zurich Airport in Opfikon-Glattbrugg have asserted compensation claims against the Canton of Zurich, as the former airport operator, due to excessive aircraft noise emissions from takeoffs on runway 16. The Canton of Zurich and Zurich Airport AG have raised the defense of prescription in the proceedings. The President of the Federal Appraisal Commission dismissed the plea of prescription. The Canton of Zurich and Zurich Airport AG have filed an administrative court appeal against this decision.Considerations
The Federal Supreme Court has first clarified that the expropriation law objection procedure is the relevant procedure for deciding whether the expropriation is lawful or whether any excessive impacts could not be avoided or only with disproportionate cost. However, environmental protection law and in particular the remediation procedure are also relevant for the compensation proceedings due to excessive noise impacts.
In its case law, the Federal Supreme Court has clarified the relationships between the various procedures for compensating excessive noise impacts. It has held that the remediation obligation under environmental protection law does not displace the expropriation law compensation claim if, although the extent of the damage to be…