Airlines win court case against Schiphol flight cap

KLM Royal Dutch Airlines (KL, Amsterdam Schiphol) and other airlines have won a court case preventing the Dutch state from cutting flights at Amsterdam Schiphol from 500,000 annually to 440,000 for the 2023/2024 season to reduce noise pollution. The Court of North Holland (case number C/15/337248 / KG ZA 23-94) on April 5, 2023, ruled that the state had not followed the correct procedure. This means that as a result of this decision, Schiphol may not reduce the maximum number of flights to 460,000 for the coming season. The preliminary relief case was brought by the International Air Transport Association (IATA) and the Air Transport Association of America, KLM, KLM cityhopper, Delta Air Lines, Transavia Airlines, and Martinair, who were joined by TUI fly (Netherlands), Corendon Dutch Airlines, easyJet (easyJet Switzerland and easyJet Europe), Lufthansa, Air Canada, British Airways, Vueling Airlines, United Airlines, JetBlue Airways, and FedEx Express. The court case followed a Dutch cabinet decision to create a new balance between the interests of aviation and the environment. It, therefore, wants to eventually reduce the maximum number of permitted flights at Schiphol to 440,000 per year. As a first step, the state wanted to introduce a temporary arrangement for the flight season from November 2023 to October 2024, which would already reduce the maximum number of permitted air transport movements to 460,000. KLM and the other airlines argued they should be able to count on maintaining the current capacity of a maximum of 500,000 flights until a new maximum is set, on which they should be consulted. They also argued that the Dutch state did not follow European law procedures. Indeed, the preliminary relief judge agreed and ruled that the Dutch state did not go through the correct procedure with the introduction of the proposed temporary regulation. According to European rules, the state can only reduce the number of flights at an airport after going through a careful process. This would include the state mapping out various measures that could reduce noise nuisance and consulting all stakeholders. A reduction in flights was only permitted if it was clear that other measures to limit noise nuisance were ineffective, the judge said.

https://www.ch-aviation.com/portal/news/126189-airlines-win-court-case-against-schiphol-flight-cap