Berlin, 30 November 2022. In its ruling handed down on 29 November 2022, Berlin‑Brandenburg Superior Administrative Court rejected a complaint challenging flight routes over Blankenfelde‑Mahlow during the night. Redeker was acting as counsel for the Federal Supervisory Authority for Air Navigation Services (BAF) against the complaint filed by the municipality of Blankenfelde‑Mahlow and a local resident.
The contested flight routes involve direct‑line departure flightpaths from runway 25R (north runway) during the nighttime from 10 p. m. to 6 a. m. in westerly operations. In the western extension of this runway, flight routes lead over the community area and the residential house of the resident.
In its ruling, Berlin‑Brandenburg Superior Administrative Court stated that it could not perceive any reasons to object to the flight routes. The noise calculations used by the BAF, held the High Court, were above criticism. Moreover, there was no alternative route that would be preferable in terms of noise distribution. The BAF had also based the flightpath on the fact that bypassing the municipality to the north would cause new aircraft noise pollution in areas that had thus far not been affected by this.
Nor, in the view of the Court, is determination of departure routes hindered by a ruling issued in 2013. On 19 September 2013, the Superior Administrative Court had ruled that setting a straight‑line flightpath for the nighttime in 2012 was unlawful from a noise protection point of view. The 11th Chamber of the Court did not rule out the possibility of a new straight‑line flightpath, however.
Acting as counsel for the defendant in the proceedings was Dr Tobias Masing, partner at Redeker Sellner Dahs.
