Questione giuridica chiave
Whether direct overflight from runway 16 departures entitled the owner to expropriation compensation
Decisione estratta
No compensation was due for direct overflight, because the flights did not regularly and directly penetrate the legally protected airspace at a sufficiently low altitude.
Motivazione estratta
Only regular, low-altitude direct overflights infringing the protected airspace are compensable. The evidence showed the parcel was only rarely directly overflown and mostly at heights above 400–500 m, so the legal threshold was not met.