When it comes to health or the environment, state agencies, regulatory bodies and courts run on top form, in order to prove that the change in flight path to runway south at Leipzig / Halle Airport “Südabkurvung” will not endanger or even affect health of the environment. The fact started already in 2004.
Complaints of affected residents and environmental groups date back to 2007. It turned out slowly that made promises were all not held involving the Noise Abatement Commission, state and local authorities and various courts.
On Thursday, the 19th December the Federal Administrative Court in Leipzig, which meets from 10 clock comes down to business "Green League Sachsen eV - RA tungsten Günther, Leipzig -. / Federal Republic of Germany -. RA Redeker Sellner and dahs, Berlin".
"The plaintiff, a recognized in Saxony Conservation Association, opposes flight procedures ('routes') for so-called short Südabkurvung for the airport Leipzig / Halle, that have been established without its participation though the bird sanctuary 'Leipzig Canopy' and a conservation area were directly concerned. The Upper Administrative Court dismissed the action as inadmissible for lack of locus standi of the plaintiff because in the process of establishing flight procedures, the authorities decided that neither an environmental assessment nor an FFH (Fauna-Flora-Habitat) impact assessment must be carried out. On appeal will be to determine whether the legal opinion of the lower court is correct. "
To put it more clearly: In the beginning of the planning the method specified in the plan for the start-south runway flight paths states that the Leipzig city area will be crossed not the protected area Leipzig floodplain forest. The involvement of environmental organizations was thus omitted in the plan process.
Instead and to the surprise of not only many residents, the flight path of the new runway was changed by the German Air Traffic Control (DFS). The protected area Leipzig Canopy is now flown over - and it is to this day.
The Leipzig activists against the increasing night-time aircraft noise are at least pretty sure that they were mucked in the process plan for the new airstrip and its flight path. Matthias Zimmermann, spokesman for the Citizens' Initiative "Against the New Flight Path" and "counter-air and ground noise", in his new noise report for November 2013, deals with the subject: "In the planning approval process for the construction of the airstrip south at Leipzig Halle airport is said about the Leipzig floodplain forest does not conduct flight route - 'Leipzig is flown around'. Thus opposition and legal action are no options for Leipzig stakeholders. Therefore 2007, the so-called flight path Südabkurvung was put in operation without information from environmental organizations, the City of Leipzig and affected parties."
The time for objections to the plan process would have been in 2004. However, at that time the planning didn’t include the solution which was put into practice in 2007. Back then, also the EU has confirmed: The North of Leipzig (riparian forest) is not overflown.
2007 Commissioning of the new runway, everything is different: The new flight path “Südabkurvung” is put into operation without informing the city. For a brief moment the Federal Minister of Transport (SPD) prohibited the Südabkurvung. But even that did not last long. From 2009, the flights over the short Südabkurvung rose significantly and reached in November 2013 with 1,982 flights over the route a new peak.
On 19 December is now negotiating the Federal Administrative Court to the short Südabkurvung and the failure to environmental impact assessment. "We see this as a violation of European law, the Green League has sued accordingly," emphasizes Matthias Zimmermann. "It will be interesting, done what legal votes in Germany between environment, people and sustainability on the one hand and questionable economic interests on the other hand in the context of European law."
And the burning question is actually: Can environmental protection be in fact simply undermined by false promises? - The German Air Traffic Control has repeatedly said that the flight routes planning could be defined only after completion of the new runway. If this is so, the possibility of such flight routes would have had to occur in the planning approval process.
The environmental groups consider the nocturnal flying over riparian forest as the construction of a motorway straight through the nature reserve. Not only the noise is the same - even the air pollutant emissions from the large cargo plane corresponds to the fully occupied highway.
The nature protection association “Ökolöwe” filed a law case in 2008 brought against the so-called "short Südabkurvung". This not numerically limited flight path was not included in the official planning process for airport expansion. The flight path currently leads without environmental assessment on the EU bird sanctuary "Leipzig Canopy" and impaired habitats of European importance there.
As a result of outdated German law also serious flight route changes in the context of German law are not yet subject to judicial review. Holger Seidemann, Director of the recognized nature protection association: "We hope that our action the reserve" to help Leipzig Canopy "and all German airport residents. Subsequent changes in flight paths must of course be tested for their environmental and possible health risks to local residents. If we win in court, this not only benefits nature but also human health directly."
The appeal before the Federal Administrative Court's decision of Saxony Higher Administrative Court in Bautzen attacks, the refused access to the courts for the nature protection association Ökolöwen on procedural grounds and refused to further judicial review of route changes. Lawyers for the Ökolöwen bring to attention higher-ranking European law, such as the Aarhus Convention and the Law on Environmental Impact Assessment, which have not yet been implemented correctly on German level.
"Changed routes move the negative environmental impacts in completely new areas. It is unfair that there has been neither for conservation nor for the affected residents rights to act on flight path changes at German airports. "
"With the recent rejection of European environmental laws Germany is proceeding against EU environmental standards. At the expense of local residents and nature unfair competitive advantage is gained over the EU states which correctly integrate international law into national law." says Seidemann.
It will be interesting how the federal administrative judges consider the citizens right on intact health and nature inviolable.
