Brussels, 07/03/2013 (Agence Europe) - In accordance with the recommendations of the Advocate General (see EUROPE 10688), the Court of Justice of the EU on Thursday 7 March rejected Switzerland's appeal against the 2010 ruling of the General Court (case C-547/10 P) validating the German measures of 2003 limiting night flights over German territory by aircraft taking off from or approaching Zurich airport.
The General Court (ruling T-319/05, EUROPE 10211) upheld the Commission's 2003 decision allowing Germany to continue to apply measures limiting night flights at low altitude over German territory close to the Swiss border by aircraft approaching or taking off from Zurich Kloten airport, for reasons of reducing noise. It ruled against Switzerland, which claimed that the Commission's decision violated the principle of equal treatment and freedom to provide services to the detriment of Swiss carriers using Zurich airport as a hub airport. Switzerland called on the Court to cancel the ruling.
The Court has confirmed the ruling of the General Court, particularly the fact that the German measures entailed not a prohibition of passage through German airspace for flights leaving or arriving at Zurich airport, but merely a change in the flight path of the flights concerned. Moreover, it confirms that the Commission's decision did not infringe the principle of the freedom to provide services, since that principle does not apply in the context of the EU-Switzerland Air Transport Agreement. Furthermore, the Court of Justice shares the view of the Commission and of the General Court that it was not necessary to take account, during the examination of the German measures, of the rights of the operator of Zurich airport and of persons living near that airport. (FG/transl.fl)