As communicated with News Flash No. 10, released on June 2, 2009, the Federal Administration Court decided that May 23, 2000 is the relevant reference date for the foreseeability of east approaches instead of January 1, 1961. After thoroughly analysing the reasoning of this decision, Unique (Flughafen Zürich AG) will appeal against it at the level of the Swiss Federal Court.

Under certain conditions, residents of the area around Zurich airport, who are affected by aircraft noise, are entitled to compensation for the loss in value of their properties. Conditions that must be fulfilled to get compensated are i) the exceeding of a defined noise threshold, ii) a certain minimum percentage amount of value-loss of the property and iii) the increase in aircraft noise must not have been foreseeable at a certain reference date.

The Federal Appraisal Commission previously determined that the relevant reference date for the foreseeability was January 1, 1961. The Federal Administration Court annulled this decision of the lower level of jurisdiction and determined May 23, 2000 as the new reference date for the foreseeability of east approaches.

After thoroughly analysing this judgement, Unique (Flughafen Zürich AG) decided to appeal against this decision at the level of the Swiss Federal Court. The basis for this decision is twofold: It is of general interest to clarify this important question by a last instance court and to address crucial aspects in regards to the interpretation of the content of the court decision.

In regards to the total 'most likely' noise-related costs, Unique (Flughafen Zürich AG) still considers the amount of CHF 760 million to be realistic (see also News Flash No. 10). Therefore, no increase of noise charges of 5 Swiss Francs per departing passenger is planned as of today.