HAMBURG (dpa-AFX) - With immediate effect, Hamburg will no longer levy fees or fines against airlines for late night flights after 11.00 pm. According to a ruling by the Hamburg Administrative Court, the legal basis for the regulation introduced for noise protection reasons is lacking, said Environment Senator Jens Kerstan (Greens) on Wednesday. This is a setback for noise protection, as a means of exerting pressure on airlines to comply with the ban on night flights is no longer available.

To protect the population from aircraft noise, Hamburg Airport has a ban on night flights between 11.00 pm and 6.00 am. However, delayed aircraft may also take off and land between 11 p.m. and midnight if the delay was demonstrably unavoidable. Passenger flights after midnight are only permitted with an individual exemption permit from the Aircraft Noise Abatement Officer. This does not apply to medical aid flights, emergencies and flights by official bodies such as the police.

Previously, airlines whose aircraft took off or landed between 11 p.m. and midnight had to pay 500 euros for the assessment of unavoidability. If the flights were avoidable, a fine was imposed.

The airlines Lufthansa and Condor took legal action against this before the administrative court. According to Kerstan, the court has now pointed out that there is no legal basis for the delay regulation, which restricts operations before midnight. As a result, the environmental authority responsible for noise protection had decided to indemnify the companies, thus averting a very probable conviction of the city.

Nevertheless, a restrictive noise protection regulation was necessary, especially for a city airport like Hamburg, said Kerstan. "As we are now denied the option of fees, we have to find other ways." His aim is to only allow take-offs and landings from 11.00 p.m. onwards with special permits - as was previously the case from midnight.

He announced corresponding talks in the Senate and with the SPD-led economic authority responsible for the airport. "If these do not produce satisfactory results, consistent aircraft noise protection can only be the result of successful coalition negotiations with a corresponding vote of the electorate." Hamburg's parliament will be re-elected at the beginning of next year /fi/DP/stw