Jurisdiction decides on the perpetual building rights of the Munich runway

Jurisdiction decides on the perpetual building rights of the Munich runway

On July 8, 2025, a decisive trial regarding the controversial “perpetual building right” for the third runway at Munich Airport took place before the Administrative Court in Munich. The plaintiffs, who also include private individuals, the city and district of Freising as well as the Nature Conservation Association, argue that there is no unanimous decision by the shareholders, including the federal government, the Free State and the city of Munich, for construction to begin. Mercury reported that the court did not make a verdict on this day of the hearing and the 8th Senate did not give any clear indications of the decision.

Josef Schwendner, authorized representative of Flughafen München GmbH (FMG), presented blacked-out shareholder resolutions when asked by the court. The plaintiffs have until July 22 to respond to these documents. A decision is expected towards the end of the month, although it remains unclear whether it will be delivered in writing or whether another day of hearing will be necessary.

Political reactions and forecasts

District Administrator Helmut Petz said that a victory for the plaintiffs would invalidate the plan approval decision (PFB) for the third runway, which is planned for March 2026. This would mean that the FMG would need five additional years to implement it. The district administrator determined that a third runway was actually no longer needed, as the forecasts for 2025 only predicted 590,000 flight movements, while in 2024 there were actually only 327,000. South Germans addresses the increasing resistance to the project and the disappointment with the attitude of the government of Upper Bavaria, which defends the unlimited validity of the planning approval decision.

The plaintiffs see themselves in a good position. Lawyer Remo Klinger, who represents them, emphasizes that there is no serious intention to build the new runway. The uncertainties created by the planned indefinite burden on residents could have far-reaching consequences for the further planning of the area.

Legal aspects and future planning

The central legal question revolves around the “problem of divisibility” of the planning approval decision, which was also addressed by the lawyer for the Federation for Nature Conservation, Ursula Philipp-Gerlach. Freising's mayor Tobias Eschenbacher and other affected politicians have reiterated their continued political resistance to the project. The Federal Nature Conservation Association, which owns land in Attaching that could be needed for runway construction, also fears significant restrictions on the development of the region.

Parallel to the court discussions, Flughafen München GmbH (FMG) has filed an application for a declaratory judgment on the validity of the 98th amendment plan approval decision, which proves that construction work has already been carried out that is linked to the third runway. These construction measures include the S-Bahn tunnel for the Erdinger ring road, the expansion of the road network in the east of the airport and the expansion of the east apron for additional aircraft parking positions. Munich Airport confirms that the 98th ÄPFB will not expire after ten years.

What is certain is that the debate about the third runway will continue in the coming weeks. The citizens' initiatives and the action alliance "Aufgemuckt" have already announced that they will not give up even if the verdict is negative and will keep citizens informed about developments.