Facts
The [X. AG] is the owner of the property No. xxx in the municipality of [U.] (Canton of Zurich). The property was part of the [X.] airfield, which was operated by the [X.] flying group until the end of 2009. The [X.] flying group still has an operating permit for the airfield, but cannot exercise it because the [X. AG] no longer allows the use of the property. The Federal Office of Civil Aviation (FOCA) prohibited the [X. AG] and [A.] as well as other persons authorized by them from issuing permits for helicopter landings and round flights on the [X.] airfield and within a radius of 500m around the airfield. The [X. AG] requests the lifting of the prohibition.
Considerations
The Federal Court examines the jurisdiction and the prerequisites for consideration of its own motion. The appeal concerns a matter of public law and was filed in due time in the statutory form. The appellant is entitled to appeal, as it participated in the proceedings before the lower court and is particularly affected by the contested decision.
The Federal Court bases its judgment on the facts established by the lower court. The lower court and the FOCA rely on various provisions in the 3rd title of the OALO, namely Art. 25 lit. e, Art. 30, Art. 32 lit. i and Art. 37 OALO. These provisions stipulate that external landings within a distance of less than 500 m from the runways of a civil airfield are not permitted or only permitted with the consent of the airfield manager, subject to a permit from the FOCA.
However, the Federal Court comes to the conclusion that the [X.] airfield cannot be treated as if it were an…