Facts
The Canton of Thurgau repeatedly requested direct participation in the SIL coordination discussions regarding Zurich Airport. However, the Federal Office of Civil Aviation (FOCA) determined that the Canton of Thurgau had no entitlement to such participation. The Canton of Thurgau then approached the former Federal Appeals Commission for Infrastructure and Environment (REKO/INUM) and requested a determination that it had a right to participate in the SIL coordination discussions. The REKO/INUM dismissed the appeal, whereupon the Canton of Thurgau filed an administrative court appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the administrative court appeal. It concluded that the FOCA did not violate federal law in determining the spatial planning impact and the inclusion of the cantons in the coordination process. The FOCA was entitled to rely on the existing provisional operating regulations of Zurich Airport, as consideration of future operating variants would not have been possible at that time. Furthermore, the FOCA fulfilled the…