Admissibility of Large-Scale Events on the Landiwiese in Zurich

Facts

A. and co-participants are owners or tenants of properties or apartments in the immediate or wider vicinity of the Landiwiese in Zurich. They have filed a lawsuit against the City of Zurich due to excessive emissions from large-scale events on the Landiwiese. The lawsuit was dismissed by the District Court of Zurich and the High Court of the Canton of Zurich. The plaintiffs then filed an appeal with the Federal Supreme Court, requesting that the City of Zurich be prohibited from authorizing or tolerating events with high emission levels on the Landiwiese and the surrounding area.

Considerations

The Federal Supreme Court dismisses the appeal, insofar as it is admissible. According to the binding findings of the High Court, the Landiwiese serves public use and is zoned for use as an event venue. Therefore, the intended use of the Landiwiese for large-scale events cannot be prohibited by civil law. The High Court has exercised its discretion in authorizing events, which the Federal Supreme Court can only review to a limited extent. It does not see any deficiencies that would justify overturning the High Court's decision.

However, the defendant must comply with the public law noise protection regulations when authorizing events…