Here comes da judge
The Administrative Court of Hesse State
has categorically forbidden all night flights at Frankfurt Rhein-Main
airport. The vote came completely unexpectedly and caught the entire
aviation industry by surprise, including tour operators and the airport
management.
According to the judges’ decision
no movements between 11 pm and 5 am will be allowed. The imposed night
flight curfew goes into effect October 21, when a new runway is scheduled
to open at Frankfurt. Regulators and
slot managers had assumed that at least seventeen night movements
would be possible after the Northwest runway became operational. Today
on average, fifty arrivals and departures are conducted at night in
Frankfurt.
By banning all night operations, the
court ruled in favor of a claim filed by local airport residents that
demanded the closing of the airport at night due to noise emissions.
The decision is final and cannot be contested by individuals, enterprises
or public institutions, stated chief judge Guenter Apell. Therefore,
Frankfurt will have to turn off the lights between late evening and
early morning, at least until the Federal Court in Leipzig will ultimately
decide this night flight issue. Their vote could overrule today’s
adjudication handed down by the Hesse judges.
Confronted with the court’s announcement,
the German logistics industry’s reactions are riddled with anxiety,
fear and perhaps a bit of paralysis, as these voices show:
 Willem
van der Schalk
Managing Director
A. Hartrodt
“The judges’ ruling is a real catastrophe, not only for
Frankfurt but for the entire German economy. We are directly affected
since many of our shipments are flown out of Rhein-Main by freighter
aircraft each night, namely urgently needed medical devices, automotive
parts or machinery. By forbidding night flights entirely, the judges
have put many jobs at stake. This decision is absolutely incomprehensible,
especially in these uncertain economic situations in which many enterprises
are struggling to survive,. First our industry was forced to adhere
to a lot of senseless and very costly security regulations, next came
the aviation tax imposed by the Berlin government, then the European
Emission Trading Scheme is waiting around the corner next January
and on top comes now the ruling of the Hesse court: We are well under
way to decapitate ourselves as a leading site for logistics and air
freight.”
Michael Goentgens
Spokesperson Lufthansa Cargo:
“This is a black day especially for Lufthansa Cargo but also
the entire German economy. The court’s ruling hit us to the
core. For us the consequences will be dramatic, since we will have
to set up a completely new schedule for our freighter flights within
the next eight days. Currently our freighter fleet accounts for ten
night movements at Frankfurt. Some are indispensable like the North
American flights to New York and Atlanta as well as the Nairobi-Johannesburg
route. Some rotations we might be able to reschedule but only if other
airports provide new slots despite the existing bilateral contracts
we had signed for the upcoming winter timetable. Now we hope that
the Hesse court’s decision has no influence on the final ruling
of the Federal Court at Leipzig.”
 Martin
Gaebges
Secretary General
Board of Airlines Representatives in Germany (BARIG)
“I was stunned as soon as I heard of the judges’ ruling.
We all expected that Leipzig would have the last word and expected
their decision in this matter but now the Hesse court suddenly came
up with their inexplicable vote. The reaction from our member airlines
has swung between bafflement and horror. We all were sure that by
reducing night flights from fifty to only seventeen would be a compromise
everybody could live with, including the neighboring community, especially
since many of them work at the airport. It’s too early to comment
on the possible consequences but I believe unequivocally that the
judges did not help Frankfurt airport to move forward.”
 Johannes
Winter
Head of Corporate Communication
Condor Flugdienst
“I must say that everybody was absolutely surprised except for
the judge that announced the decision. To my understanding the weighing
of interests is disproportionate since the airlines invested huge
funds to modernize their fleets and consequently lower the noise footprint.
They also spend a lot of money for noise protection measures especially
in Frankfurt but also at other German airports. This immense investment
however, was overlooked completely by the judges and thus I and our
many tour operators consider the decision as a betrayal of confidence
and foul play.
Being a leisure carrier we are directly affected because some of our
rotations cannot be operated according to the original itinerary.
At this moment it is highly unclear if we can find alternative solutions
that allow us suitable flight times and the highest possible productivity
for our fleet.
At the end, however, the court’s ruling might have one positive
affect: Now the Berlin politicians and the Federal Government have
to be proactive to set up new laws that protect the interest of passengers,
air freight, airlines and airports in Germany.”
Heiner Siegmund/Flossie
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