The Kassel Administrative Court does not detect any unreasonable noise pollution resulting from the trial operation of the “segmented approach”. Rüsselsheim, Neu-Isenburg and Heusenstamm had sued.
As feared by the plaintiff municipalities, the Hessian Administrative Court in Kassel rejected an urgent request from the southern Hessian cities, whereby German air traffic control (DFS) should be temporarily banned from further trial operations of the segmented approach at Frankfurt airport.
The so-called segmented approach procedure is intended to protect the densely populated cities of Offenbach, Hanau and Mainz by allowing aircraft to fly over them to the south before making the final approach to Frankfurt Airport. This in turn places a higher burden on other municipalities. Rüsselsheim, Neu-Isenburg and Heusenstamm, representing a total of 15 municipalities from the districts of Darmstadt-Dieburg, Groß-Gerau, Offenbach and Mainz-Bingen, had filed a lawsuit against the extension of the acceptance procedure of the approach procedure.
Frankfurt Airport: Municipalities fail with urgent enforcement against approach routes
In justification, the court announced on 21 December that it could not be assumed that the further trial operation would lead to unreasonable noise pollution which would impair the functionality of the applicants’ municipal facilities. The noise pollution determined during the test operation in 2021 and a study commissioned by the cities did not justify this assumption. The noise values have so far remained well below the assumed values in the noise protection area.
Municipalities reacted disappointed. “The fact that the decision would be against us was to be expected after the interim court orders,” said Rüsselsheim Mayor Udo Bausch (independent). “I can’t understand why the Administrative Court didn’t care that the approaches without a legal basis take place mainly at night from 10pm to 11pm and from 5am to 6am, and the VGH doesn’t justify it either.”
Pending approval by the Federal Office for Air Traffic Control
The Municipalities had opposed the approach procedure, considering its use to be illegitimate within the foreseen limits. The effects of the noise are so significant that a court decision in the main proceedings cannot be expected to be expected.
The decision of the Federal Office for Air Traffic Control is currently awaited. There, the German air traffic control had applied for a so-called AltMOC permit. The background is that the segmented approach process does not match the applicable standards and this deviation must first be approved. For this reason, the trial operation has so far been carried out only hesitantly.
Attorney Thomas Mehler announced that the affected municipalities reserve the right to re-apply for a probationary ban if aircraft noise increases, especially at night on municipal property.
