Facts
The appellant [A.] filed a complaint against the decision of the Oberrieden Building Commission to grant the Sunrise GmbH the building permit for a 25 m high mobile phone antenna system on a property in Oberrieden. The Administrative Court of the Canton of Zurich dismissed the complaint. [A.] then filed a public law appeal with the Federal Supreme Court and requested the annulment of the judgment of the Administrative Court. He argued that the quality assurance system (QS system) is not suitable for monitoring compliance with the limit values by adaptive antennas, there is no suitable method for measuring the radiation of adaptive antennas, and the immission and installation limit values of the NIRO Ordinance on Protection against Non-Ionizing Radiation are not in accordance with the law.Considerations
The Federal Supreme Court dismissed the appeal: - The Federal Supreme Court saw no reason to doubt the fundamental suitability of the QS systems with regard to the control of adaptive antennas that were approved according to the "worst case" scenario. Real-time monitoring is not required, as it is about the maximum and not the current transmission power. - The technical measurement procedure for 5G base stations issued by METAS can be used for acceptance measurements of adaptive antennas according to the Federal Supreme Court, until an official measurement recommendation is available. - The Federal Supreme Court confirmed that the immission and installation limit values of the NIRO…