Higher Administrative Court Münster dismisses lawsuit 

In today's hearing, the Higher Administrative Court (OVG) Münster upheld the extension of operating hours for Dortmund Airport granted by the Münster District Government. The second supplementary permit dated 9 June 2023, which allows the airport to use the evening off-peak hours for flights, was recently challenged by three private individuals. This lawsuit has now been dismissed.

With today’s confirmation, the following operating hours will continue to apply at Dortmund Airport:

• Scheduled take-offs from 06:00 to 22:00; delayed take-offs until 22:30
• Scheduled landings from 06:00 to 22:00 (+ an average of 4 scheduled landings per day until 23:00); delayed landings until 23:30
• A monthly total of 16 delayed take-offs and landings are permitted (any further delays require the approval of the local air traffic control authority).

Airport managing director Ludger van Bebber expressed relief over the verdict: “The extended operating hours represent a significant competitive advantage for us over other German and European airports, and also enhance the airport’s efficiency. These operating hours provide us with the necessary flexibility for optimal airline scheduling as well as in the event of unforeseen circumstances or delays. We are therefore delighted that the lawsuit has been dismissed and hope that this brings the matter to a final close.”

The airlines incorporate the off-peak hours after 22:00 into their aircraft rotation planning, enabling them to reliably handle necessary return flights to home airports, for example. As early as 2021, the Higher Administrative Court had identified the need for additional movements during off-peak hours to maintain the airport’s competitiveness, but had criticised deficiencies in the noise protection assessment. These deficiencies have now been addressed with the second supplementary permit.

At the end of 2010, the airport's supervisory board, with the approval of the Dortmund City Council, requested Dortmund Airport to submit an application to extend its operating hours due to the increased demand for air traffic. In May 2014, approval was granted by the Münster District Government, which was subsequently declared unlawful and unenforceable by the Münster Higher Administrative Court in December 2015. In the supplementary procedure,

the identified deficiencies in the balancing of interests were rectified. In August 2018, the Münster District Government issued the supplementary operating hours permit, which was once again declared unlawful by the Higher Administrative Court in January 2022. However, the operating hours were not abolished; instead, the remaining deficiencies in the assessment were addressed in a further procedure. Therefore, in June 2023, the Münster District Government granted the second supplementary permit. A lawsuit was filed against this permit at the Higher Administrative Court in August 2023.

The Higher Administrative Court does not allow an appeal against its ruling. However, the plaintiffs can still file a non-admission complaint with the Federal Administrative Court.