Facts
The Swiss Hang Gliding Association and Michael Lenz filed a constitutional appeal against a new Alpine Law of the Canton of Appenzell Innerrhoden, which in Art. 8 para. 2 provides for a general prohibition of launching and landing with delta wings or other aircraft in the Alpine area, with the exception of the authorized take-off and landing areas.
The appellants argued that this provision constitutes a flight operations rule for aircraft and thus violates the jurisdiction of the Confederation in the field of aviation.
Considerations
The Federal Court dismissed the appeal. It stated that Art. 37ter of the Federal Constitution grants the Confederation a comprehensive, but not exclusive, competence in the field of aviation. The cantons remain competent for legal issues that the Confederation has not conclusively regulated.
The Federal Court concluded that the federal aviation law does not conclusively regulate the launching and landing of hang gliders. The cantons therefore remain competent to impose restrictions in the interest of nature and landscape protection.
The Federal Court…