Facts
The International Air Transport Association (IATA) files a constitutional appeal against the decision of the Cantonal Government of Zurich dated 20 August 1997, which introduces an emission-based landing fee at Zurich Airport. The appeal is dismissed by the FJA.Considerations
The FJA considers the emission-based landing fee to be lawful. The legal basis for levying the fee is found in federal law, particularly in Art. 39 para. 2 of the AviA, which prescribes the consideration of pollutant emissions in the design of airport fees. The specific design of the fee, in which the emissions are divided into five classes and taxed at different rates, does not violate the cost coverage or equivalence principle. There is also no violation of the freedom of trade and industry or the principle of equality before the law.
The FJA holds that the introduction of the emission-based landing fee is sufficiently based on Art. 39 AviA at the federal level. The fee serves to finance the overall expenses of airport operations and does not have to be…