Facts
The Berner Oberländer Helikopter AG (BOHAG) has been operating the Gsteigwiler heliport south of Interlaken since 1977. The BOHAG applied for an amendment to the operating regulations to increase the flight movement quota from 1'440 to 3'000 per year and to lift the flight ban on general holidays. The Federal Office of Civil Aviation (FOCA) approved the application, but this decision was overturned by the Appeals Commission of the Federal Department of the Environment, Transport, Energy and Communications (DETEC).
The Appeals Commission DETEC found that the allocation of operational areas to individual heliports for noise abatement would be disproportionate and lead to unequal treatment. The BOHAG lodged an administrative appeal and claimed that the decision of the Appeals Commission DETEC violated its economic freedom.
Considerations
The Federal Court found that the allocation of operational areas to individual heliports for noise abatement would be disproportionate and lead to unequal treatment. The economic freedom of the BOHAG would be violated by such a measure, as it would no longer be able to exercise its activities freely.
The Court also found that the increase in the flight movement quota from 1'440 to 3'000 per year was not objectionable, as the demand for helicopter flights had increased and the municipality of Gsteigwiler had agreed to the increase. The number of flight movements was also not suitable for reducing helicopter air traffic and its noise, as the number of flight movements only recorded the movements to and from the heliport, but not the external landings.
The Court finally found that the…