Published on 11.11.2022
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Federal Court » The operator Sunrise cannot invoke the guarantee of ownership to obtain the right to upgrade an existing mobile phone antenna in Ostermundigen, a suburb of Bern, to 5G. The Federal Court annulled the building permit granted by the municipality.
Today, the antenna disputed by a dozen opponents could hardly be erected in its current location, in the middle of an area dedicated to housing and crafts. This is provided for in the new provisions relating to mobile telephone installations introduced in 2019 in the municipal regulations. Their goal is to protect the population against the waves.
However, the property warranty allows the operator to maintain and upgrade their antenna. But this can only be modified if the illegality of its location is not reinforced. In other words, the installation must not be even more in contradiction with the regulations than it is currently, specifies the Federal Court in a judgment published Thursday.
For the judges of Mon Repos, Sunrise cannot invoke the guarantee of ownership. A replacement of the antenna by a 5G installation would lead to an increase in emissions, therefore fears. TTY