Facts

Parties and instances: Swiss national [A.] (born 1947), represented by attorney Philip Bärtschi, was the responsible pilot and held an Italian flight licence. The opposing party was the Federal Office for Civil Aviation (BAZL). The lower instance was the Federal Administrative Court, Division I (judgment of 4 March 2024, A-580/2023).

Background: Over the previous ten years, [A.] was involved in several incidents. The most recent occurred on 18 February 2022 during a landing in [U.] , when a tyre on the left main landing gear burst and the aircraft had to be recovered from the taxiway. On 8 March 2022, BAZL provisionally prohibited him from using Swiss airspace as a crew member.

Order of 14 December 2022: BAZL prohibited [A.] until further notice from any use of Swiss airspace as a flight crew member. To lift the prohibition, it required proof of a passed proficiency check before an 'examiner' designated by the Office. Any appeal was stripped of suspensive effect. The reasons given were repeated misconduct, violations of legal provisions and possible impairment of ability and fitness due to advanced age.

Lower instance: On 30 January 2023, [A.] challenged the order before the Federal Administrative Court, alleging violations of international and supranational law, since he had furnished proof of his fitness to fly in Italy and Germany and before a flight instructor in Switzerland. The Federal Administrative Court dismissed the appeal on 4 March 2024.

Proceedings before the Federal Supreme Court: By public law appeal of 22 April 2024, [A.] requested that the lower court's judgment be set aside and the flight ban be lifted. BAZL requested dismissal. The lower instance and the Federal Department of the Environment, Transport, Energy and Communications (UVEK) waived a response. On 5 July 2024, [A.] submitted a further proficiency check dated 24 April 2024.

Death: On 20 February 2025, BAZL reported that [A.] had died in a flight accident. By order of 24 February 2025, the investigating judge announced the striking off of the case as moot and invited submissions on the disposal of the proceedings and costs. On 7 April 2025, counsel confirmed the death by submitting the death certificate dated 18 February 2025, but made no submission on the manner of disposal or on costs.

Subject matter of the dispute: The ban on acting as a flight crew member in Swiss airspace.

Considerations

Admissibility and mootness: The Federal Supreme Court examines its jurisdiction and the admissibility requirements ex officio. The appeal concerns a public law matter in aviation law against a judgment of the Federal Administrative Court that concludes the proceedings, and it was filed within the time limit and in the required form. However, the interest warranting protection must remain current and practical until the judgment is issued; if it lapses, the proceedings are declared concluded (Art. 89 para. 1 FSCA, Art. 71 FSCA in conjunction with Art. 72 FCPA).

Strictly personal claim: Measures such as a flight ban are strictly personal and not transferable by inheritance. The entitlement to challenge them expires upon the death of the party. The proceedings therefore become moot. An exception to the requirement of a current interest does not apply, because the questions cannot arise again at any time under the same circumstances, a timely review in an individual case is not excluded from the outset, and there is no obvious violation of the ECHR.

Costs: Where the matter is moot, the Federal Supreme Court decides summarily on the procedural costs, with the presumed outcome of the proceedings being determinative (Art. 71 FSCA in conjunction with Art. 72 FCPA). No court fees are levied pursuant to Art. 66 para. 1 sentence 2 FSCA. For the award of…