Facts
On May 22, 2000, Germany terminated the Swiss-German agreement of 1984 on the approach and departure flights to and from Zurich Airport over German territory. As a result, there was a significant increase in eastbound approaches, leading to numerous compensation claims from landowners. The Federal Appraisal Commission (ESchK) limited the proceedings to the question of unpredictability as a prerequisite for claims and set January 1, 1961, as the relevant cut-off date.
Numerous appeals were filed with the Federal Administrative Court (BVGer) against the decisions of the ESchK. The BVGer overturned the decisions and remanded the matter to the ESchK with the instruction to set the cut-off date to May 23, 2000. Both Zurich Airport AG and numerous applicants then filed appeals with the Federal Supreme Court.
Considerations
The Federal Supreme Court decided that the cut-off date for the (un)predictability of aircraft noise emissions in the catchment area of the Swiss national airports is January 1, 1961. This case law has already been established in previous decisions for Geneva Airport and Zurich Airport and is to be considered a generally applicable rule that must not be adapted on a case-by-case basis.
Regardless of the predictability of noise emissions, the affected parties are entitled to noise protection measures under environmental protection law at the expense of the polluter. These measures serve to protect health and benefit those directly affected. They are owed from the moment the immission limit value is exceeded, without…