Brussels, 09/09/2010 (Agence Europe) - With its ruling delivered on Thursday 9 September in Case T-319, the General Court upheld the Commission decision of 5 December 2003 (see EUROPE 8600) which allowed Germany to continue to apply rules which restrict night-time overflight of German territory, near the Swiss border, under normal weather conditions, by aeroplanes landing at or taking off from Zurich Kloten Airport. The Court ruled that the German measures in no way prevent passage through German airspace, but merely require modification of the flight path of the flights concerned. Thus, the measures in no way restrict or prevent the exercise of traffic rights. The Court, then, rejected the arguments of Swiss authorities, which held that there was illegal restriction of these rights and alleged infringement of the principles of equal treatment, proportionality and freedom to provide services to the detriment of Swiss carriers which use Zurich Airport as a hub airport. The Court found that the German measures were proportionate to the objective pursued, namely, a reduction in aircraft noise, at night and during weekends, in a particularly vulnerable tourist area and that protection of the environment constituted a reason of general interest which justified restriction of the fundamental liberties guaranteed by the EC Treaty. (F.G./transl.rt)