Berlin ist mit rund 35,65 Millionen Passagieren im Jahr 2019 der drittgrößte Flughafenstandort in Deutschland. Aktuell gibt es zwei Flughäfen: den Flughafen Berlin-Schönefeld und den Flughafen Berlin-Tegel. Der gesamte Luftverkehr der deutschen Hauptstadtregion soll am Standort Schönefeld konzentriert werden. Dafür plant und baut die Flughafengesellschaft den Flughafen SXF zum Flughafen Berlin Brandenburg – kurz BER – aus. Das Terminal T1 des BER wird am 31. Oktober 2020 eröffnet.

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Annual Report 2013

120 | Flughafen Berlin

120 | Flughafen Berlin Brandenburg GmbH the grounds that German lawmakers had incorrectly implemented the Ground Handling Services Directive with the consequence that the levying of utilisation fees was illegal in Germany. The BGH set aside the decision of the Superior Court of Justice and referred the case back to a different Senate of the Superior Court of Justice. In the opinion of the BGH, the Ground Handling Services Directive had been correctly implemented in German law. In addition, the BFG undertook an obligation during the sale to conduct a test case against GGB to clarify the permissibility and reasonableness of the utilisation fees for ground services claimed by BFG. The subject of the proceedings concerns utilisation fees which GGB invoiced for the handling of Hapag-Lloyd. The Berlin Regional Court dismissed the suit on 12 July 2010 on the grounds that BFG had not set the utilisation fees in accordance with objectively justifiable criteria. BFG appealed the decision. In deciding on the BFG appeal in the GlobeGround case and with respect to the referral back to the court in the Air Berlin case, the Berlin Superior Court of Justice declared the airside leasing agreements to be null and void. The Superior Court of Justice did not make any comments regarding the landside agreements. There are essentially two grounds for the invalidity. The presentation and clarity of the cost basis is not adequate. There are gaps and inconsistencies in the fee calculation, leaving open the possibility that costs may be charged twice. The reference figures the airside utilisation agreement were not appropriate to the circumstances because they do not ensure that the degree of utilisation of the facilities corresponds to the costs. Leave to appeal was denied in both cases. BFG filed a complaint against the denial of leave to appeal at the BGH. Appropriate consideration has been given to the risk or back payments in the annual accounts.

Our Figures | 121 B.5 Closure of Tegel The operational startup of Berlin Brandenburg Airport will simultaneously result in the closure of Tegel Airport. Both the revocation of the aviation law permit for Tegel Airport and the discharge of the facilities and areas of Tegel Airport from the aviation law zoning (cancellation of the planning approval) are definitive. The operation permit has been extended for an indefinite period. The current notice of revocation provides for a revocation of the operating permit when six months have expired following the functioning operational startup of the extension of the existing runway to 3,600 metres and the construction of the new future runway at the commercial airport BER with a minimum length of 4,000 metres. The negotiations with the land owners to determine the formalities of returning the property were started well in advance of the planned shutdown of flight operations and will be continued. The subject of these discussions will include the regulations of the leaseholds concluded between the Company and the State of Berlin or the German government providing compensation based on market value if and when the buildings and premises can continue to be used for other purposes. BFG does not have any obligations to demolish buildings, facilities and traffic areas upon the expiration of the heritable building right / leasing agreements. The plan is for BFG, upon expiration of the heritable building right, to receive compensation in the amount of 50 % of the market value for the existing buildings, provided that the structures can be utilised in accordance with a future planning permission designation of the land. The closure of Berlin Tegel Airport has been postponed to the same extent as the operational startup of Berlin Brandenburg Airport. BFG is in negotiations with the German government as well as with the State of Berlin regarding the resultant issues.