The legal challenge against the government’s “experimental regulation” to cut Schiphol’s flight limit to 460,000 a year from November this year was lodged by IATA, KLM and other airlines who argued the Dutch government must follow a Balanced Approach to deal with noise issues.
Cutting flight number from the current limit of 500,000 a year was proposed by the Minister for Water and Infrastructure in response to concerns from residents about noise, which a state can legally do if it has gone through processes to assess the issue and if it is clear that other measures to limit noise pollution are insufficient.
The Balanced Approached is enshrined in treaties and regulations stating that flight reductions should only be used a last resort when other possible measures have been exhausted, which, in IATA’s view, is a process the Dutch government did not follow.
The judge ruled that the State had not followed the correct procedure in introducing the proposed temporary regulation, saying they had started the procedure for the proposed reduction of aircraft movements to 440,000 per year starting in the 2024/25 season but did not follow the procedure for the temporary reduction for the 2023/24 season.
Willie Walsh, Director General of IATA, said: “We welcome the judge’s decision. This case has been about upholding the law and international obligations. The judge has understood that the Dutch government violated its obligations in shortcutting processes that would bring scrutiny to its desire to cut flight numbers at Schiphol. This decision gives vital stability for this year to the airlines using Schiphol airport and maintains the choice and connectivity passengers value.”
He called the decision a vital reprieve but the threat to cut flights remains a very real issue, noting the airport’s decision to cut night flights without consultation.
Walsh said, “Airlines understand the importance of resolving issues such as noise. The Balanced Approach is the correct EU and global legally-enshrined process for managing noise impacts. It has helped airports around the world successfully address this issue.”
IATA says, assuming the State does not appeal the decision, the flight limit will remain at 500,000 for the Winter 23/24 season and the attention moves to the consultation to permanently limit movements to 440,000 from 2024 onwards.
The association says the Balanced Approach is at risk of not being followed again because it is proceeding from the basis that flight numbers will be reduced to 440,000 rather than starting with measuring noise and defining a noise objective.
It says cutting flights must only be a last resort, not a starting point and that the court’s decision shows that the State must follow proper procedures.
