Decision on the Renewal of the Operating Concession and Approval of the Operating Regulations for the Samedan Regional Airport

Facts

The Cooperative Flugplatz Oberengadin (GFO) as the operator of the Samedan Regional Airport applied to the Federal Office of Civil Aviation (FOCA) for the renewal of the operating concession and the approval of new operating regulations. Various environmental and nature conservation organizations as well as residents filed objections to the extension of operating hours and demanded restrictions on air traffic. The Federal Department of the Environment, Transport, Energy and Communications (DETEC) granted the GFO the operating concession for 30 years, and FOCA approved the new operating regulations with conditions. The appellants filed an appeal against these decisions with the Appeals Commission of DETEC, which partially upheld the appeal and ordered additional restrictions. The GFO has filed an administrative court appeal against the decision of the Appeals Commission with the Federal Supreme Court.

Considerations

The Federal Supreme Court has largely upheld the administrative court appeal

First, the Federal Supreme Court holds that the airport residents and environmental organizations are indeed entitled to challenge the approved operating regulations, but not the operating concession. The Appeals Commission had wrongly affirmed the right of appeal against the concession decision.

Furthermore, the Federal Supreme Court has decided that the Appeals Commission is entitled to review the operating regulations within the framework of the concession renewal and, if necessary, to adapt them, but must observe the requirements laid down in the Aviation Infrastructure Plan. A restriction of flight movements to 21,000 per year could not be based on the Nature and Heritage…