Unsuccessful challenge to the approval of the building permit for the 3rd runway in court - Construction of the third runway granted, assertion of opposition overruled
The Bavarian Administrative Court has recently dismissed a lawsuit filed by environmental group Bund Naturschutz (BN) and other affected residents against the building rights for a third runway at Munich Airport. The decision, which follows the argumentation of the Government of Upper Bavaria, has brought the controversial project one step closer to potential construction.
The judges' decision was based on the sufficient construction measures already taken, including the acquisition of land, the S-Bahn tunnel, road network expansion, and nature conservation compensation measures. However, the construction of the third runway itself remains on hold due to the ongoing moratorium and lack of agreement among the state government.
The lawsuit was filed in 2024, after it became known that the Government of Upper Bavaria had granted the airport company perpetual building rights. Despite the court's decision, the plaintiffs continue to argue that the plan approval decision must lapse in March 2026, as per the conditions set in the decision's finality in March 2016.
If the implementation of the plan for the third runway has not begun within ten years of its finality, the plan approval decision will expire. However, the court's decision means that the implementation has now begun, potentially setting the stage for further developments in the coming years.
Christine Margraf, deputy BN state representative, has stated that they will examine the reasoning of the judgment and decide on further legal steps. The airport itself has emphasised that there are currently no plans to build the third runway, but the politically controversial nature of the project means that its future remains uncertain.
In general legal procedures for similar German administrative cases, the possible options for the plaintiffs likely include filing an appeal (Revision) to the Federal Administrative Court (Bundesverwaltungsgericht), seeking constitutional complaints (Verfassungsbeschwerde) at the Federal Constitutional Court (Bundesverfassungsgericht) if they believe fundamental rights or constitutional principles were violated, or pursuing alternative dispute resolution methods or negotiating with authorities for procedural or environmental concessions.
As the main shareholder, the Free State is now called upon to complete the planning for the third runway. The decision by the Bavarian Administrative Court marks a significant milestone in the long-standing dispute over the third runway, but the saga may continue as the plaintiffs consider their next moves.
[1] Please note that this article is based on the provided facts and inferences drawn from general legal procedures in similar German administrative cases. For case-specific updates and detailed legal options for the plaintiffs, further information may be required.
- The opportunity for community aid in the form of alternate energy production or energy efficiency measures could be a part of the potential developments surrounding the controversial third runway at Munich Airport.
- In the ongoing discussion about the third runway, the role of science, especially environmental science, will be crucial in addressing the concerns regarding climate-change and the impact on the environment.
- To fund the production of electricity for the third runway and any potential future developments, the airport industry may seek financial support from various sources, including government grants or private investments.
- Given the politically charged nature of the third runway and the multiple legal challenges, the aerospace industry and sports events sectors might face adjustments in their operations if the runway is constructed, due to increased noise or disruptions.
