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29.06.2010

Zurich Airport News Flash No. 17 / Decision of the Swiss Federal Court regarding foreseeability of east approaches

As announced today, the Swiss Federal Court decided January 1st, 1961 to be the relevant reference day for the foreseeability of the east approaches. Therewith it approved the appeal of Flughafen Zürich AG completely. With this decision, the Swiss Federal Court rejects all requests from landowners, who have bought their landed property since January 1st, 1961. Furthermore, it annulled the decision of the Federal Administrative Court which determined May 23rd, 2000 to be the reference day for the foreseeability of the east approaches.

The decision of the Swiss Federal Court is positive for Flughafen Zürich AG from an economic prospect. The Swiss Federal Court as court of ultimate resort resolved an important question regarding indemnification for formal expropriations due to aircraft noise. The decision will now be studied and analysed in detail. Depending on the results the amount for provisions for formal expropriations might be reduced. If applicable, the noise charges of currently 5 Swiss Francs per departing passenger will be readjusted.

Despite this decision regarding foreseeability of east approaches other important questions still remain unanswered, e.g. indemnifications for reduced value of yield properties.

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