Facts
The Biel and Surrounding Area Airport Cooperative applied to the Federal Office of Civil Aviation (FOCA) for the construction of an airport restaurant on the Biel-Kappelen airfield. Neighbors A. and B. as well as the municipal council of Kappelen filed an administrative appeal with the Appeals Commission of the Federal Department of the Environment, Transport, Energy and Communications (DETEC). The DETEC Appeals Commission revoked the planning approval of the FOCA and imposed the procedural costs of CHF 1,500.- on the Airport Cooperative as well as a party indemnity of CHF 4,841.35 to the appealing private parties.Considerations
The Federal Supreme Court confirmed the cost regulation of the Appeals Commission as being in accordance with federal law. Even though the Airport Cooperative did not make any independent requests in the appeal proceedings, it remained a party to the planning approval procedure and was therefore liable for costs. Its interest in the construction project was evident from the letter dated February 15, 2001, in which it requested "benevolent examination". Therefore, the Appeals Commission could impose the procedural costs on the Airport Cooperative in accordance with Art. 63 para. 1 of the Administrative Procedure Act (VwVG).
The Federal Supreme Court also considered the indemnity regulation under Art. 64 para. 3 VwVG to be lawful. Although this provision stipulates that the losing party is only obliged to pay a party indemnity if it has participated in the proceedings with independent requests, the Federal Supreme Court held that this requirement should not…