Kernrechtsfrage
Whether the REKO UVEK interim night-flight ban was justified as a precautionary measure
Extrahierter Entscheid
The interim extension of the night-flight ban was not urgent enough and was disproportionate; the orders had to be annulled.
Extrahierte Begründung
The court held that Article 56 VwVG allows interim measures, including some rights-shaping measures, only where immediate action is necessary, serious harm threatens, and the measure is proportionate. Here the record did not show the required urgency; the existing regime remained tolerable pending the main decision, while the burdens on the airport and airline could be significant.