Facts
Zurich Airport has been undergoing constant expansion since its opening. The Flughafen-Immobilien-Gesellschaft FIG (Airport Real Estate Company) requested a construction permit from the Federal Department of Transport and Energy (EVED) for the construction of two parking levels with a total of 298 parking spaces on a portion of the existing Parking Area P 40. The Verkehrsclub der Schweiz VCS (Swiss Traffic Association) filed objections to the construction project. The EVED granted the construction permit to FIG with conditions. The VCS filed an administrative court appeal against this permit decision with the Federal Supreme Court.Considerations
The Federal Supreme Court states that landside traffic facilities on the airport premises are generally considered airport facilities and therefore require an aviation law permit. However, the permit granted to FIG is problematic, as FIG is not able to assume the obligations associated with the permit. Rather, the Canton of Zurich as the airport operator would be the appropriate permit holder.
Furthermore, the court holds that when changes are made to airport infrastructure, a comprehensive assessment and examination of the…