Berlin, 1. March 2024 – In its ruling of 28 February 2024, the Higher Administrative Court of Berlin-Brandenburg dismissed the claims of four airlines that had challenged the BER airport charges.

 

Airlines pay the airport a take-off and landing fee for the use of the airport infrastructure. This takes into account the noise level of the aircraft - the aim is to incentivise the use of the quietest aircraft possible to minimise noise pollution for local residents.

 

Normally, this fee is increased in a standardised way depending on the type of aircraft. However, for the first time, Berlin Brandenburg Airport has opted for a new procedure with the fee schedule valid from 1 September 2022 to 31 December 2023: The noise emissions of each take-off and landing are now specifically recorded at a number of measuring points and thus form the basis for an individually calculated charge. This method of calculating charges provides strong incentives not only for further noise-reducing measures on the aircraft (engines, winglets, etc.), but also for noise-avoiding flight behavior (steep take-off/approach, thrust reduction/less engine power in gliding flight), as users benefit directly from the actual noise reduction in populated areas.

 

Four airlines initially defended themselves in summary proceedings before the Higher Administrative Court against the approval of the fee regulations issued by the Ministry of Infrastructure and Regional Planning of the State of Brandenburg. Raue, representing the Ministry, won a point against the application for interim legal protection, which the Higher Administrative Court rejected in its decision of 8 December 2022.

 

In the main proceedings, which have now been decided in final judgements, the Senate also followed Raue's argumentation. Two of the actions had already been declared inadmissible because the airlines had not flown at BER during the period covered by the fee regulations in question. The Higher Administrative Court dismissed the other two actions as unfounded. The airport operator had only limited room for manoeuvre in setting the noise charges, which could only be reviewed by the courts, and had complied with the statutory standards. The noise charges, which are levied on a case-by-case basis according to objective and transparent criteria, are therefore suitable to provide an incentive for quieter flying. Find here the full text of the court's press release (in German).

 

 

Advisors to the Ministry for Infrastructure and State Planning of the State of Brandenburg

Raue, Berlin: Dr. Kornelius Kleinlein Nelle (Partner, Lead, Infrastructure & Transport, Public Law), Dr. Daniel Schubert (Counsel,, Infrastructure & Transport, Public Law)

 

Advisors Flughafen Berlin Brandenburg GmbH

Posser Spieth Wolfers & Partner, Berlin

 

Advisor to the plaintiff airlines

Jones Day

 

Higher Administrative Court Berlin-Brandenburg, 6th Senate

Dr. Schreier, Dr. Stahl, Dr. Castillon