06 April 2023

DUTCH COURT OVERRULES DECISION TO CAP FLIGHTS AT SCHIPHOL

On 5 April, a Dutch court ruled against the plan of the Dutch government to cut Schiphol airport's flight limit from 500,000 to 460,000 per year as of November 2023. The legal challenge was brought by IATA, KLM and other airlines, which argued that there was no legal basis for the reduction: it violates international treaties and European regulations.

The judge ruled that the State had not followed the correct procedure in introducing the proposed temporary regulation, as European rules require a careful process for such a plan, including identifying alternative measures, consulting all interested parties, and ensuring that other measures to limit noise pollution are insufficient.

Nonetheless, IATA acknowledged that the threat of flight cuts at Schiphol remains real, as it was still the stated policy of the government. In response to the ruling IATA noted ‘flight cuts can only be a last resort to achieve this noise objective, not the starting point.  ‘We believe that the ruling today gives a strong indication that the State must follow the proper process and analyse all options.’

Air Cargo Netherlands (CAN) remains concerned as Schiphol management is putting further pressure on the air cargo industry at the airport through a new action plan to reduce noise pollution. Among other things, there are plans for a night ban and the older B747-400F, the workhorse in international air cargo transport, will no longer be welcome at the national airport from the winter season 2025.

Source: IATA, NT